Delano Municipal Code Ch. 14.60 Floodplain Management

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.

(Ord. 1038 § 1(part), 1999).

A. 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.

B. 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.

(Ord. 1038 § 1(part), 1999).

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:

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;

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;

I. Comply with the requirements of the National Flood Insurance Program Regulations, Parts 59 and 60 of Title 44 of the Code of Federal Regulations hereinafter referred to as the National Flood Insurance Regulations.

(Ord. 1038 § 1(part), 1999).

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

A. Restrict or prohibit uses which are dangerous to health, safety, and property 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 floodwaters;

D. Control filling, grading, dredging, and other development which may increase flood damage; and

E. Prevent or regulate the construction of flood barriers which will unnaturally divert floodwaters or which may increase flood hazards in other areas.

(Ord. 1038 § 1(part), 1999).

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.

"Accessory structure" means a structure on the same parcel of property as a principal structure and the use of which is incidental to the use of the principal structure. For floodplain management purposes, the term includes only accessory structures used for parking and storage.

"Accessory use" means a use which is incidental and subordinate to the principal use of the parcel of land on which it is located.

"Agricultural structure" means a walled and roofed structure used exclusively for agricultural purposes or uses in connection with the production, harvesting, storage, raising, or drying of agricultural commodities and livestock, including aquatic organisms. Structures that house tools or equipment used in connection with these purposes or uses are also considered to have agricultural purposes or uses.

"Alluvial fan" 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.

"Alteration of watercourse" means a dam, impoundment, channel relocation, change in channel alignment, channelization, or change in cross-sectional area of the channel or the channel capacity, or any other form of modification which may alter, impede, retard or change the direction and/or velocity of the riverine flow of water during conditions of the base flood.

"Apex" 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.

"Appeal" means a request for a review of the floodplain administrator's interpretation of any provision of this chapter.

"Area of shallow flooding" means a designated A, AO or AH Zone on the Flood Insurance Rate Map (FIRM), or an area identified by the floodplain administrator. The base flood depths have either not been determined (A Zone), they range from one to three feet (AO or AH Zone) or a depth has been established by the floodplain administrator; a clearly defined channel does not exist; the path of flooding is unpredictable and indeterminate; and velocity flow may be evident. Such flooding is characterized by ponding or sheet flow.

Area of Special Flood Hazard. See "Special flood hazard area."

"ASCE 24" means the standard Flood Resistant Design and Construction, referenced by the building code, developed and published by the American Society of Civil Engineers, Reston, VA. Where cited, ASCE 24 refers to the edition of the standard that is referenced by the building code.

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

"Base flood" means a flood which has a one percent chance of being equaled or exceeded in any given year (also called the "one hundred-year flood").

"Base flood elevation" is the water surface elevation of the base flood at a given location.

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

Building. See "Structure."

"Building code" means California Code of Regulations Title 24, the California Building Standards Code, the family of building codes specifically adopted by the State of California and composed of:

(1) Part 2, applicable to buildings and structures other than dwellings within the scope of this part.

(2) Part 2.5, applicable to one- and two-family dwellings and townhouses not more than three stories, and accessory structures.

(3) Part 10, applicable to existing buildings (as defined in that code).

(4) Other specified codes.

"Certification" by a registered professional engineer or other party does not constitute a warranty or guarantee of performance, expressed or implied. Certification of data is a statement that the data is accurate to the best of the certifier's knowledge. Certification of analyses is a statement that the analyses have been performed correctly and in accordance with sound engineering practices. Certification of structural works is a statement that the works are designed in accordance with sound engineering practices to provide protection from the base flood. Certification of "as-built" conditions is a statement that the structure(s) has been built according to the plans being certified, is in place, and is fully functioning.

"Coastal A Zone" means a special flood hazard area, landward of a V zone or landward of an open coast without mapped coastal high hazard areas. In a coastal A zone, the principal source of flooding must be astronomical tides, storm surges, seiches or tsunamis, not riverine flooding. During the base flood conditions, the potential for breaking wave height shall be greater than or equal to one and one-half feet (457 mm). The inland limit of the coastal A zone is (a) the Limit of Moderate Wave Action if delineated on a FIRM, or (b) designated by the authority having jurisdiction.

"Coastal high hazard area" means the area within the special flood hazard area extending from offshore to the inland limit of a primary dune along an open coast and any other area that is subject to high-velocity wave action from storms or seismic sources, and shown on a Flood Insurance Rate Map (FIRM) or other flood hazard map as velocity Zone V, VO, VE or V1-30.

"Critical feature" means an integral and readily identifiable part of a flood protection system, without which the flood protection provided by an entire system would be compromised.

"Curvilinear line" means the border on either a flood hazard boundary map or flood insurance rate map that delineates the special flood, mudslide (i.e., mudflow), and/or flood-related erosion hazard area and consists of a curved or contour line that follows the topography.

"Design flood" means the flood associated with the greater of the following two areas:

(1) Area with a flood plain subject to a one-percent or greater chance of flooding in any year.

(2) Area designated as a flood hazard area on a community's flood hazard map, or otherwise legally designated.

"Design flood elevation" means the elevation of the "design flood," including wave height, relative to the datum specified on the community's legally designated flood hazard map. In areas designated as Zone AO, the design flood elevation shall be the elevation of the highest existing grade of the building's perimeter plus the depth number (in feet) specified on the flood hazard map. In areas designated as Zone AO where a depth number is not specified on the map, the depth number shall be taken as being equal to two feet (610 mm).

"Development" means 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.

"Encroachment" 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.

"Erosion" means the process of the gradual wearing away of land masses. This peril is not per se covered under the National Flood Insurance Program.

"Exceptional hardship" means, for the purpose of variances from these regulations or the building code, the exceptional difficulty that would result from a failure to grant a requested variance. Mere economic or financial hardship is not exceptional. Inconvenience, aesthetic considerations, physical handicaps, personal preferences, or the disapproval of one's neighbors do not, as a rule, qualify as exceptional hardships. All of these circumstances can be resolved through other means without granting variances, even when the alternatives are more expensive or require the property owner to build elsewhere or put the parcel to a different use than originally intended.

"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 the effective date of the floodplain management regulations adopted by a community.

"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).

"Fill" is the placement of fill material at a specified location to bring the ground surface up to a desired elevation.

"Fill material" can be natural sand, dirt, soil or rock. For purposes of floodplain management, fill material may include concrete, cement, soil cement, brick or similar material as approved by the floodplain administrator on a case-by-case basis.

"Flood, flooding, or floodwater" means:

1. 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 waters from any source; and/or mudslides (i.e., mudflows); and

2. The condition resulting from flood-related erosion.

"Flood Boundary and Floodway Map (FBFM)" 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 floodway.

"Flood elevation determination" means a determination by the Federal Insurance Administrator of the water surface elevations of the base flood, that is, the flood level that has a one percent or greater chance of occurrence in any given year.

"Flood elevation study" means an examination, evaluation, and determination of flood hazards and, if appropriate, corresponding water surface elevations, or an examination, evaluation, and determination of mudslide (i.e., mudflow) and/or flood-related erosion hazards.

"Flood control project" means a dam or barrier design and constructed to keep water away from or out of a specified area, including but not limited to levees, floodwalls, and channelization.

"Flood damage-resist material" means any construction material capable of withstanding direct and prolonged contact with floodwaters without sustaining any damage that requires more than cosmetic repair.

"Flood hazard area" means the greater of the following two areas:

(1) The area within a floodplain subject to a one-percent or greater chance of flooding in any year.

(2) The area designated as a flood hazard area on the community's flood hazard map, or otherwise legally designated.

"Flood Hazard Boundary Map (FHBM)" means the official map on which the Federal Emergency Management Agency or Federal Insurance Administration has delineated the areas of flood hazards.

"Flood Hazard Evaluation" means an official report provided by the floodplain administrator that includes, but is not limited to, the elevation requirement, depth of footing requirement, and certification of elevation requirement for any building permits issued by the building official in a special flood hazard area.

"Flood Insurance Rate Map (FIRM)" 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.

"Flood Insurance Study" 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.

"Floodplain or flood-prone area" means any land area susceptible to being inundated by water from any source. See "Flooding."

"Floodplain administrator" is the individual appointed to administer and enforce the floodplain management regulations.

"Floodplain management" 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.

"Floodplain management regulations" means this chapter and other zoning ordinances, subdivision regulations, building codes, health regulations, special purpose ordinances, this chapter 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.

"Floodproofing" 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 (Refer to FEMA Technical Bulletins TB 1-93, TB 3-93, and TB 7-93 for guidelines on dry and wet floodproofing.)

"Flood protection system" means 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 in accordance with sound engineering standards.

"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. Also referred to as "regulatory floodway" or "designated floodway."

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

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

"Fraud and victimization" as related to Section 14.60.320 through Section 14.60.380 regarding variances, 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 of the city will consider the fact that every newly constructed building adds to government responsibilities and remains a part of the community for fifty to one hundred years. Buildings that are permitted to be constructed below the base flood elevation are subject during all those years to increased risk of damage from floods, while future owners of the property and the community as a whole are subject to all the costs, inconvenience, danger, and suffering that those increased flood damages bring. In addition, future owners may purchase the property, unaware that it is subject to potential flood damage, and can be insured only at very high flood insurance rates.

"Freeboard" means 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" 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.

"Governing body" is 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.

"Habitable floor" is any floor usable for living purposes, which includes working, sleeping, eating, recreation or a combination thereof. For floodplain management regulation purposes, "habitable floor" and "lowest floor" will share the same definition.

"Hardship" as related to Section 14.60.320 through Section 14.60.380 regarding variances, of this chapter means the exceptional hardship that would result from a failure to grant the requested variance. The city council of the city 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.

"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:

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 preliminarily determined by the Secretary to qualify as a 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 by an approved state program as determined by the Secretary of the Interior or directly by the Secretary of the Interior in states without approved programs.

"Landfill" means a permitted location for the disposal, placement, or dumping of garbage, trash, debris, junk, or waste material.

"Letter of map change (LOMC)" means an official determination issued by FEMA that amends or revises an effective Flood Insurance Rate Map or Flood Insurance Study. Letters of Map Change include:

(1) Letter of Map Amendment (LOMA): An amendment based on technical data showing that a property was incorrectly included in a designated special flood hazard area. A LOMA amends the current effective Flood Insurance Rate Map and establishes that a specific property, portion of a property, or structure is not located in a special flood hazard area.

(2) Letter of Map Revision (LOMR): A revision based on technical data that may show changes to flood zones, flood elevations, special flood hazard area boundaries and floodway delineations, and other planimetric features.

(3) Letter of Map Revision Based on Fill (LOMR-F): A determination that a structure or parcel of land has been elevated by fill above the base flood elevation and is, therefore, no longer located within the special flood hazard area. In order to qualify for this determination, the fill must have been permitted and placed in accordance with the community's floodplain management regulations.

(4) Conditional Letter of Map Revision (CLOMR): A formal review and comment as to whether a proposed flood protection project or other project complies with the minimum NFIP requirements for such projects with respect to delineation of special flood hazard areas. A CLOMR does not revise the effective Flood Insurance Rate Map or Flood Insurance Study; upon submission and approval of certified as-built documentation, a Letter of Map Revision may be issued by FEMA to revise the effective FIRM.

"Levee" means 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" 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.

"Light-duty truck" means, as defined in 40 C.F.R. 86.082-2, any motor vehicle rated at eight thousand five hundred pounds gross vehicular weight rating or less which has a vehicular curb weight of six thousand pounds or less and which has a basic vehicle frontal area of forty-five square feet or less, which is:

(1) Designed primarily for purposes of transportation of property or is a derivation of such a vehicle, or

(2) Designed primarily for transportation of persons and has a capacity of more than twelve persons; or

(3) Available with special features enabling off-street or off-highway operation and use.

"Limit of moderate wave action (LiMWA)" means a line shown on FIRMs to indicate the inland extent of the one-and-one-half-foot breaking wave height during the base flood.

"Lowest floor" means the lowest floor of the lowest enclosed area, including basement (see "Basement" definition).

1. An unfinished or flood-resistant enclosure below the lowest floor that is usable solely for parking of vehicles, building access or storage in an area other than a basement area, is not considered a building's lowest floor provided it conforms to applicable non-elevation design requirements, including, but not limited to:

a. The wet floodproofing standard in Subsection 14.60.260(D);

b. The anchoring standards in Section 14.60.240;

c. The construction materials and methods standards in Section 14.60.250; and

d. The standards for utilities in Section 14.60.270.

2. For residential structures, all subgrade enclosed areas are prohibited as they are considered to be basements (see "Basement" definition). This prohibition includes below-grade garages and storage areas.

"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.

"Market value" shall be determined by estimating the cost to replace the structure in new condition and adjusting that cost figure by the amount of depreciation which has accrued since the structure was constructed. The cost of replacement of the structure shall be based on a square foot cost factor determined by reference to a building cost estimating guide recognized by the building construction industry. The amount of depreciation shall be determined by taking into account the age and physical deterioration of the structure and functional obsolescence as approved by the floodplain administrator, but shall not include economic or other forms of external obsolescence. Use of replacement costs or accrued depreciation factors different from those contained in recognized building cost estimating guides may be considered only if such factors are included in a report prepared by an independent professional appraiser and supported by a written explanation of the differences.

"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.

"New construction," 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.

"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 the effective date of floodplain management regulations adopted by this community.

"Nonresidential building" means and includes, but is not limited to, small business concerns, churches, schools, nursing homes, farm buildings (including grain bins and silos), government buildings, mercantile structures, industrial plants and warehouses.

"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. See "Base flood."

"Person" includes any individual or his agent, firm or group of individuals, partnership, association or corporation, or agent of the aforementioned groups, or any other entity including the state or its agencies or political subdivisions.

"Permit for floodplain development" means an official document or certificate issued by the community, or other evidence of approval or concurrence, which authorizes performance of specified development activities that are located in flood hazard areas and that are determined to be compliant with these regulations.

"Principal structure" means a structure used for the principal use of the property as distinguished from an accessory use.

"Public safety and nuisance" as related to Section 14.60.320 through Section 14.60.380, regarding variances, of this chapter means that the granting of a variance must not result in anything which is injurious to safety or health of an entire community or neighborhood, or any considerable number of persons, or unlawfully obstructs the free passage or use, in the customary manner, of any navigable lake, or river, bay, stream, canal, or basin.

"Recreational vehicle" means 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.

For floodplain management purposes, the term "recreational vehicle" also includes, but is not limited to, park trailers, travel trailers and other similar vehicles.

"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.

"Remedy a violation" 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 chapter or otherwise deterring future similar violations, or reducing state or federal financial exposure with regard to the structure or other development.

"Riverine" means relating to, formed by, or resembling a river (including tributaries), stream, brook, etc.

"Sand dunes" mean naturally occurring accumulations of sand in ridges or mounds landward of the beach.

"Scour depth" means the distance below prevailing ground resulting from the erosive action of running water which temporarily or permanently excavates and carries away material from the prevailing ground or channel bed during flooding.

Sheet Flow Area. See "Area of shallow flooding."

"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. It is shown on an FHBM or FIRM as Zone A, AO, A1-A30, AE, A99, or AH.

"Start of construction" means and includes substantial improvement and other proposed new development and means the date the building permit was issued, provided the actual start of construction, repair, reconstruction, rehabilitation, addition, placement, or other improvement was within one hundred eighty days from the date of the permit. The actual start means either the first placement of permanent construction of a structure on a site, such as the pouring of slab or footings, the installation of piles, the construction of columns, or any work beyond the stage of excavation; or the placement of a manufacture home on a foundation. Permanent construction does not include land preparation, such as clearing, grading, and filling; nor does it include the installation of streets and/or walkways; nor does it include excavation for a basement, footings, piers, or foundations or the erection of temporary forms; nor does it include the installation on the property of accessory buildings, such as garages or sheds not occupied as dwelling units or not part of the main structure. For a substantial improvement, the actual start of construction means the first alteration of any wall, ceiling, floor, or other structural part of a building, whether or not that alteration affects the external dimensions of the building.

"Structure" means a roofed building, with one or more walls, that is principally above ground; this includes a gas or liquid storage tank or a manufactured home.

"Substantial damage" means damage of any origin sustained by a structure whereby the cost of restoring the structure by reconstruction, rehabilitation, addition or other improvements to its before-damaged condition would equal or exceed fifty percent of the market value of the structure before the damage occurred.

"Substantial improvement" means any reconstruction, rehabilitation, addition, or other proposed new development or improvement of a structure, the cumulative replacement cost of which equals or exceeds fifty percent of the market value of the structure before the "start of construction" of the initial 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".

"Utility and Miscellaneous Group U" means buildings and structures of an accessory character and miscellaneous structure not classified in any special occupancy, as described in the building code.

"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 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.

"Water surface elevation" 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.

"Watercourse" 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. 1038 § 1(part), 1999).

(Ord. No. 2025-1367, § 17, 12-15-2025)

This chapter shall apply to all areas of special flood hazards within the jurisdiction of the city.

(Ord. 1038 § 1(part), 1999).

The areas of special flood hazard identified by the Federal Emergency Management Agency (FEMA) Flood Insurance Study (FIS) for Kern County, California and Incorporated Areas, dated October 21, 2021, and all subsequent amendments and revisions, and the accompanying Kern County Flood Insurance Rate Maps (FIRM), and all subsequent amendments and/or revisions, are hereby adopted by reference and declared to be a part of this chapter. This FIRM, 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 of the city by the floodplain administrator. The study and FIRM are on file at Delano City Engineering Department, 1015 Eleventh Avenue, Delano, California.

(Ord. 1038 § 1(part), 1999).

(Ord. No. 2025-1367, § 18, 12-15-2025)

No structure or land shall hereafter be constructed, located, extended, converted, or altered without full compliance with the term 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 of the city from taking such lawful action as is necessary to prevent or remedy any violation.

(Ord. 1038 § 1(part), 1999).

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. 1038 § 1(part), 1999).

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.

(Ord. 1038 § 1(part), 1999).

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 of the city, 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. 1038 § 1(part), 1999).

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

(Ord. 1038 § 1(part), 1999).

A development permit shall be obtained before any construction or other development begins within any area of special flood hazard established in Section 14.60.070. 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. Specifically, the following information is required:

A. Site plan, including but not limited to:

1. For all proposed structures, spot ground elevations at building corners and twenty-foot or smaller intervals along the foundation footprint, or one-foot contour elevations throughout the building site, and

2. Proposed locations of water supply, sanitary sewer, and utilities, and

3. If available, the base flood elevation from the Flood Insurance Study and/or Flood Insurance Rate Map, and

4. If applicable, the location of the regulatory floodway; and

B. Foundation design detail, including but not limited to:

1. Proposed elevation in relation to mean sea level, of the lowest floor (including basement) of all structures, and

2. For a crawl-space foundation, location and total net area of foundation openings as required in Subsection 14.60.260.D of this chapter and FEMA Technical Bulletins 1-93 and 7-93, and

3. For foundations placed on fill, the location and height of fill, and compaction requirements (compacted to ninety-five percent using the Standard Proctor Test method); and

C. Proposed elevation in relation to mean sea level to which any nonresidential structure will be floodproofed, as required in Section 14.60.260(C) of this chapter and FEMA Technical Bulletin TB 3-93; and

D. All appropriate certifications listed in Section 14.60.200 of this chapter; and

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

(Ord. 1038 § 1(part), 1999).

Subject to approval by the city council of the city, the floodplain administrator may adopt and charge a reasonable schedule of fees for flood hazard evaluations, flood hazard evaluation updates, certification of elevation, variance to flood requirement, appeal to higher authority, and for performance of special services by the engineering department in administering and enforcing this chapter.

(Ord. 1038 § 1(part), 1999).

The city engineer or authorized designee agent acting in the engineer's behalf is appointed to administer and implement this chapter by granting or denying development permits in accordance with its provisions.

(Ord. 1038 § 1(part), 1999).

The duties and responsibilities of the floodplain administrator shall include, but not be limited to those set out in Sections 14.60.170 through 14.60.220.

(Ord. 1038 § 1(part), 1999).

A. Review all permits to determine that permit requirements of this chapter have been satisfied;

B. All other state and federal permits required to fulfill the purpose of Section 14.60.030 have been obtained;

C. The site, subdivision or other proposed new development is reasonably safe from flooding, and

D. The proposed development does not adversely affect the carrying capacity of the special flood hazard area. For purposes of this chapter, in areas where "floodways" have not been designated, "adversely affects" means that the cumulative effect of the proposed development when combined with all other existing and anticipated development will increase the water surface elevation of the base flood more than one foot at any point. See also Section 14.60.310 (Floodways).

(Ord. 1038 § 1(part), 1999).

A. When base flood elevation data has not been provided in accordance with Section 14.60.070 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 14.60.240 through 19.60.340. Any such information shall be submitted to the city council of the city for adoption; or

B. If no base flood elevation data is available from a federal or state agency or other source, then a base flood elevation shall be obtained using one of two methods from the FEMA publication "Managing Floodplain Development in Approximate Zone A Areas - A Guide for Obtaining and Developing Base (100-year) Flood Elevations" dated July 1995 in order to administer Sections 14.60.230 through 14.60.310:

1. Simplified Method.

a. One hundred year or base flood discharge shall be obtained using the appropriate regression equation found in a U.S. Geological Survey publication, or the discharge-drainage area method, and

b. Base flood elevation shall be obtained using the Quick-2 computer program developed by FEMA; or

2. Detailed Method.

a. One hundred year or base flood discharge shall be obtained using the U.S. Army Corps of Engineers' HEC-HMS computer program, and

b. Base flood elevation shall be obtained using the U.S. Army Corps of Engineers' HEC-RAS computer program.

(Ord. 1038 § 1(part), 1999).

A. Notify adjacent communities and the California Department of Water Resources prior to alteration or relocation of a watercourse, and submit evidence of such notification to the Federal Emergency Management Agency.

B. Require that the flood-carrying capacity within the altered or relocated portion of said watercourse is maintained.

C. Requirement to Submit New Technical Data. Require applicants who submit hydrologic and hydraulic engineering analyses to support permit applications to submit to FEMA the data and information necessary to maintain the flood insurance rate maps when the analyses indicate changes in base flood elevations, flood hazard area boundaries, or floodway designations; such submissions shall be made within six months of such data becoming available.

(Ord. 1038 § 1(part), 1999).

(Ord. No. 2020-1323, § 1, 11-16-2020; Ord. No. 2025-1367, § 19, 12-15-2025)

A. The certification required by Sections 14.60.260 and 14.60.290 (lowest floor elevations),

B. The certification required in Section 14.60.260 (elevations in area of shallow flooding),

C. The certification required by Subsection 14.60.260.C (elevation or floodproofing of nonresidential structures),

D. The certification required by Subsection 14.60.260.D (wet floodproofing standard),

E. The certification of elevation required by Subsection 14.60.280.B (subdivision standards),

F. The certification required by Subsection 14.60.310.A (floodway encroachments).

(Ord. 1038 § 1(part), 1999).

Make interpretations where needed, as to the exact location of the boundaries of the areas of special flood hazard. Where there appears to be a conflict between a mapped boundary and actual field conditions, grade and base flood elevations shall be used to determine the boundaries of the special flood hazard area. The person contesting the location of the boundary shall be given a reasonable opportunity to appeal the interpretation as provided in Sections 14.60.430 through 14.60.490.

(Ord. 1038 § 1(part), 1999).

Take action to remedy violations of this chapter as specified in Section 14.60.080.

(Ord. 1038 § 1(part), 1999).

In all areas of special flood hazards the following standards set out in Sections 14.60.240 through 14.60.340 are required.

(Ord. 1038 § 1(part), 1999).

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.

B. All manufactured homes shall meet the anchoring standards of Section 14.60.290.

(Ord. 1038 § 1(part), 1999).

All new construction, substantial improvements and other proposed new development shall be constructed:

A. With flood-resistant materials as specified in FEMA Technical Bulletin TB 2-93, 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;

D. Within zones AH or AO, so that there are adequate drainage paths around structures on slopes to guide floodwaters around and away from proposed structures.

(Ord. 1038 § 1(part), 1999).

A. Except for areas of shallow flooding, new construction, substantial improvement and other proposed new development of any structure in a special flood hazard area shall have the lowest floor, including basement, elevated one foot above the base flood elevation. Nonresidential structures may meet the standards in Subsection 14.60.260C. Qualifying uninhabitable attached garages or storage rooms and accessory structures (such as a shed or detached garage) may meet the requirements of Subsection 14.60.260E. Upon completion of the structure, the elevation of the lowest floor, including basement, shall be certified by a registered professional engineer, architect or licensed surveyor, or verified by the building official to be properly elevated. Such certification or verification shall be provided to the floodplain administrator.

B. For areas of shallow flooding, new construction, substantial improvement and other proposed new development of any structure in a special flood hazard area shall have the lowest floor, including basement, elevated to a height above the highest adjacent grade of the depth number on the Flood Insurance Rate Map (FIRM), plus one foot. The elevation is to be measured from the highest adjacent grade upstream of the structure. Nonresidential structures may meet the standards in Section 14.60.260. Qualifying uninhabitable attached garages or storage rooms and accessory structures (such as shed or detached garage) may meet the requirements of Section 14.60.260. Upon completion of the structure, the elevation of the lowest floor, including basement, shall be certified by a registered professional engineer, architect, or licensed surveyor, or verified by the building official to be properly elevated. Such certification or verification shall be provided to the floodplain administrator.

C. Nonresidential construction shall either be elevated in conformance with Subsections 14.60.260.A or B or, together with attendant utility and sanitary facilities:

1. Be floodproofed one foot above the base flood level 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; and

3. 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.

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

1. 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(as indicated by the elevation requirements of this section) shall be provided, 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); or

2. Be certified to comply with a local floodproofing standard approved by the Federal Insurance Administration, Federal Emergency Management Agency.

E. For an uninhabitable attached garage or storage facility on a residential structure usable solely for parking of vehicles, building access or storage in an area other than a basement, or for accessory structures (such as a shed or detached garage), not representing a significant investment as determined by the floodplain administrator in exercise of his reasonable discretion, may be allowed to have the finished floor of the attached garage, storage room or accessory structure built below the base flood elevation without floodproofing, provided that conditions shall be imposed relating to the construction and use of such accessory structure, as follows:

1. Such structure shall be firmly anchored to prevent flotation, collapse, or lateral movement which may result in damage to other property.

2. Such structure shall be constructed with materials resistant to flood damage.

3. Such structure shall be constructed with utilities, if any (e.g., electrical plumbing, etc.), resistant to flood damage. Utilities, if any, should be elevated or floodproofed.

4. Such structure shall be constructed by methods and practices that minimize flood damage. The structure should be constructed and placed on the building site so as to offer the minimum resistance to the flow of floodwaters.

5. The structure shall not be used for human habitation, including but not limited to, placement of laundry facilities, workshops, or other similar uses.

F. Manufactured homes shall also meet the standards in Section 14.60.290.

(Ord. 1038 § 1(part), 1999).

(Ord. No. 2025-1367, § 20, 12-15-2025)

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

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

C. Other utilities are addressed at Sections 14.60.250 and 14.60.280.

(Ord. 1038 § 1(part), 1999).

A. All preliminary subdivision proposals shall identify the flood hazard area and the elevation of the base flood and elevation of the base flood consistent with this chapter.

B. All final subdivision plans will provide the elevations of proposed structure(s), and grading for pad(s). If the site is filled above the base flood elevations, the final pad elevation shall be certified by a registered professional engineer or surveyor and the certification provided to the floodplain administrator.

C. All subdivision proposals:

1. Be consistent with the need to minimize flood damage; and

2. Have public utilities and facilities, such as sewer, gas, electrical, and water systems, located and constructed to minimize flood damage; and

3. Provide adequate drainage to reduce exposure to flood hazards.

(Ord. 1038 § 1(part), 1999).

A. All manufactured homes that are placed or substantially improved within a special flood hazard area either outside of a manufactured home park or subdivision, in a new manufactured home park or subdivision, in an expansion to an existing manufactured home park or subdivision, or 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:

1. Be elevated on a permanent foundation such that the top of the steel frame is one foot above the base flood elevation and be securely anchored to an adequately anchored foundation system to resist flotation, collapse and lateral movement; or

2. If the manufactured home is to be placed on an earth pad, the finished pad elevation shall be one foot above the base flood elevation and the manufactured home must 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 in a special flood hazard area that are not subject to the provisions of Subsection 14.60.290.A shall be securely fastened to an adequately anchored foundation system to resist flotation, collapse, and lateral movement, and be elevated so that:

1. The top of the steel frame, or the top of the finished pad when an earth pad is used to meet the elevation requirements, is one foot above the base flood elevation.

(Ord. 1038 § 1(part), 1999).

(Ord. No. 2025-1367, § 21, 12-15-2025)

A. All recreational vehicles placed on sites within area of special flood hazard will either:

1. Be on the site for fewer than one hundred eighty consecutive days;

2. 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

3. Meet the permit requirements of Section 14.60.130 through Section 14.60.220 of this chapter and the elevation and anchoring requirements for manufactured homes in Section 14.60.290.

(Ord. 1038 § 1(part), 1999).

Located within areas of special flood hazard established in Section 14.60.070 are areas designated as floodways. Since the floodway is an extremely hazardous area due to the velocity of floodwaters, which carry debris, potential projectiles, and erosion potential, the following provisions apply.

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

B. If Subsection 14.60.310.A is satisfied, all new construction, substantial improvement, and other proposed new development shall comply with all other applicable flood hazard reduction provisions of this chapter.

(Ord. 1038 § 1(part), 1999).

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. 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.

It is the duty of the city council of the city 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 chapter are quite rare. The long-term goal of preventing and reducing flood loss and damage can only be met if variances are strictly limited. Therefore, the variance guidelines provided in this chapter are more detailed and contain multiple provisions that must be met before a variance can be properly granted. The criteria are designed to screen out those situations in which alternatives other than a variance are more appropriate.

(Ord. 1038 § 1(part), 1999).

The floodplain administrator is empowered to grant variances from the terms of one or more regulations in this chapter in the following cases:

A. 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 which is contiguous to and surrounded by lots with existing structures constructed below the regulatory flood elevation, providing that the procedures of Sections 14.60.130 through 14.60.310 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 14.60.050 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 mapped regulatory floodway if any increase in flood levels during the base flood discharge would result.

D. 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 14.60.330.A through C and 14.60.350.B 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.

Upon consideration of the factors of Subsection 14.60.350.A and the purposes of this chapter, the floodplain administrator may impose other reasonable conditions on any variance mentioned in this section as deemed necessary to further the purposes of this chapter.

(Ord. 1038 § 1(part), 1999).

For the purpose of Sections 14.60.320 through 14.60.390, certain terms and words are defined as provided in this section:

"Applicant" means a person who has applied for a development permit or for approval of a subdivision map, parcel map or variance.

"Application" means an application for a variance under this section.

"City" means the City of Delano City Council.

"Clerk" means the City of Delano City Clerk.

"Fraud and victimization" means that the variance granted must not cause fraud on or victimization of the public. In examining this requirement, the floodplain administrator will consider the fact that every newly constructed building adds to government responsibilities and remains a part of the community for fifty to one hundred years. Buildings that are permitted to be constructed below the elevation requirement of Section 14.60.260 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.

"Hardship" means the hardship that would result from a failure to grant the requested variance. The floodplain administrator 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 difference use than originally intended, or to build elsewhere.

"Minimum necessary" means the minimum necessary to afford relief to the applicant of a variance with a minimum deviation from the requirements of this chapter. In case of variances to an elevation requirement, this means the floodplain administrator need not grant permission for the applicant to build at grade, for example, or even to whatever elevation the applicant proposed relief and preserve the integrity of this chapter.

"Public safety and nuisances" 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 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 flood levels. These long-term goals can only be met if exceptions to the requirements of this chapter are kept to a bare minimum.

"Responsible authority" means the officer or body with the duty of issuing any permit or rendering any approval required under this chapter which is subject to the regulations as to which a variance is sought.

(Ord. 1038 § 1(part), 1999).

A. In passing upon requests for variances, the city shall consider all technical evaluations, all relevant factors, standards specified in other sections of this chapter, and the:

1. Danger that materials may be swept onto other lands to the injury of others;

2. Danger of life and property due to flooding or erosion damage;

3. Susceptibility of the proposed facility and its contents to flood damage and the effect of such damage on the existing individual owner and future owners of the property;

4. Importance of the services provided by the proposed facility to the community;

5. Availability of alternative locations for the proposed use which are not subject to flooding or erosion damage;

6. Compatibility of the proposed use with existing and anticipated development;

7. Relationship of the proposed use to the comprehensive plan and floodplain management program for that area;

8. Safety of access to the property in time of flood for ordinary and emergency vehicles;

9. Expected heights, velocity, duration, rate of rise, and sediment transport of the floodwaters expected at the site; and

10. 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. The applicant for a variance shall show at the hearing thereon and before granting a variance, the floodplain administrator shall find:

1. That there is a good and sufficient cause for variance.

2. That failure to grant the variance would result in exceptional hardship to the applicant.

3. That the granting of such variance and any construction, improvement, development, or other action which may be undertaken under it will not:

a. Result in any increased flood heights, additional threats to the public safety, or extraordinary public expense;

b. Create a nuisance;

c. Cause fraud on or victimization of the public; or

d. Conflict with any other ordinance or regulation of the city.

4. That the extent of the variance is the minimum necessary to afford relief, considering the flood hazard.

C. It is recognized that, under Section 16.6(a)(6) of the National Flood Insurance Program Regulations, the city is required to make a biennial report, or as requested by the Federal Insurance Administrator, and report therein any variances which have been granted, and that said administrator is empowered to review the findings justifying the granting of variances, and that if said administrator determines that such variances show a patter inconsistent with the objectives of sound floodplain management, said administrator may take action under Section 59.24(b) of said regulations to suspend eligibility of the city from the National Flood Insurance Program.

D. It is also recognized that, under Section 60.6(a) of said regulations, the issuance of a variance is only for purposes of application of the floodplain management regulations in this chapter, and that flood insurance rates are determined by statute according to actuarial risk and will not be modified by the granting of a variance, and that construction of a structure below the regulatory flood elevation, or otherwise inconsistently with the objectives of sound floodplain management, may result in flood insurance premium rates on such structure beyond the means of its owner, which are not modified by the granting of a variance.

E. For the reasons mentioned in subsections C and D of this section, it shall be the policy of the city to give the provisions of this chapter a conservative construction and application, with the objective of avoiding, wherever feasible, the granting of any variance which would be inconsistent with the objectives of sound floodplain management or which may result in rendering residents of the city ineligible for flood insurance or which might place flood insurance beyond the means of the owner of a structure constructed under such variance.

(Ord. 1038 § 1(part), 1999).

A. If an application for a variance is filed before the responsible authority has acted on a related application for development permit, subdivision map, or parcel map, it shall not make a decision thereon nor issue such permit or approve such map until the floodplain administrator has made his determination with respect to the variance. By filing such application for variance, the applicant shall be deemed to have consented to extension of the time within which action is required to be taken on such application for permit or map for a period of at least thirty days from and after the date of the floodplain administrator's determination with respect to the variance.

B. An application for variance may be filed prior to the filing of an application for a development permit or submission of proposed subdivision map or parcel map, but in such case, the applicant for variance shall furnish with the application for variance such information as the floodplain administrator may deem sufficient, in his reasonable discretion, to permit him to fully understand the application for variance and its effect in the context of the proposed development or subdivision, including, but not confined to, environmental information.

C. If the floodplain administrator determines that insufficient information has been provided to comply with any rules adopted pursuant to subsection D of this section or to permit him to fully understand the application for variance and its effect in the context of the proposed development or subdivision (including, but not confined to, its environmental effect), he is empowered to make an order requiring the applicant to furnish such information and to delay or continue the hearing until a reasonable time after such information has been furnished.

D. The floodplain administrator may, from time to time, adopt reasonable rules relating to the information to be furnished by the applicant for a variance.

(Ord. 1038 § 1(part), 1999).

An application shall be filed and processed in the following manner:

A. An application for a variance shall be filed with the floodplain administrator and shall be in writing on such form as the floodplain administrator may, from time to time, approve.

B. An application shall be signed by the applicant or his authorized agent.

C. The applicant shall identify the regulation or regulations as to which the variance is applicable and shall briefly state the facts which give rise to a good and sufficient cause for the variance. The application shall set forth the address for purposes of giving notice and the telephone number of the applicant or his authorized agent.

(Ord. 1038 § 1(part), 1999).

A. The floodplain administrator shall fix a date and time for hearing on such variance which shall be within fifteen days after the filing of such application unless the applicant consents to a delay or continuance.

B. The floodplain administrator shall cause notice to be given of the date, time and place of the hearing on such application for variance at least one week prior thereto as follows:

1. By mailing a copy of such notice by ordinary U.S. Mail to the address set forth in the application;

2. By mailing a copy of such notice to any person who has requested it and who has furnished the floodplain administrator with a stamped, pre-addressed envelope for such purpose;

3. By sending a copy of such notice to any other responsible authority; and

4. By posting a copy of such notice on the bulletin board at city hall.

C. As an alternative to the notice required by subsection (B)(1), (2) or (3) of this section, the floodplain administrator may give such notice by causing personal delivery of a copy to the person entitled thereto not less than seventy-two hours before the time fixed for hearing.

(Ord. 1038 § 1(part), 1999).

A. The floodplain administrator shall hear the application for variance and consider evidence presented by the applicant, the responsible authority and any interested person at the time and place fixed in the notice for hearing.

B. With consent of the applicant, the floodplain administrator may continue the hearing from time to time.

C. Within fifteen days after conclusion of the hearing, the floodplain administrator shall declare his findings and decision and shall promptly transmit and post copies of the same in the manner provided for notices in Subsection 14.60.370.B above.

D. If the variance is granted, the floodplain administrator shall also send to the applicant, in the manner mentioned in Subsection 14.60.410.C, a notice over the signature of the floodplain administrator that:

1. The issuance of a variance to construct a structure below the regulatory flood elevation will result in increased premium rates for flood insurance up to amounts as high as twenty-five dollars for one hundred dollars insurance coverage;

2. Such construction below the regulatory flood elevation increases risk to life and property; and

3. Any other relevant information prescribed by the floodplain administrator; and

4. A copy of such notice shall be maintained with the record of the variance action mentioned in subsection E of this section.

5. A copy of such notice shall be recorded by the floodplain administrator in the office of the Kern County Recorder and shall be recorded in a manner so that it appears in the chain of title of the affected parcel of land.

E. The floodplain administrator shall maintain a record of all variance actions by the floodplain administrator or by the city in connection with any appeal to it relating to a variance. Such record shall include the findings or other justifications for issuance of each variance. The floodplain administrator shall also report each variance issued in the annual report submitted to the Federal Insurance Administration, Federal Emergency Management Agency.

F. Action or nonaction of the floodplain administrator on an application for variance shall be subject to appeal under Sections 14.60.380 through 14.60.450.

(Ord. 1038 § 1(part), 1999).

The city is empowered to hear appeals and grant relief thereon as provided in Sections 14.60.410 through 14.60.450.

(Ord. 1038 § 1(part), 1999).

For the purpose of Sections 14.60.400 through 14.60.450, certain terms and words are defined as provided in this section:

"Appeal" means a request for a review of the floodplain administrator's interpretation of any provision of this chapter including the application for a hearing on appeal as well as the appeal process.

"Applicant" means a person who has applied for a development permit or for approval of a subdivision map, parcel map or variance.

"City" means City of Delano City Council.

"Responsible authority" means the officer or body with the duty of issuing any permit or rendering any approval or which has a duty, power or discretion under this chapter, which is subject of the appeal.

(Ord. 1038 § 1(part), 1999).

A. The appellant shall show at the hearing thereon, and before granting relief on appeal the city shall find:

1. Interpretation by the responsible authority of one or more regulations mentioned in this chapter was unreasonable or arbitrary; or

2. Action taken or a decision by the responsible authority under this chapter was unreasonable or arbitrary; or

3. Failure to act by the responsible authority pursuant to this chapter was unreasonable or arbitrary.

B. The city may refuse to grant relief on appeal with respect to any matter which should have been preliminarily considered under Sections 14.60.320 through 14.60.380 as a variance application.

(Ord. 1038 § 1(part), 1999).

A. Any applicant who is dissatisfied with any action, decision or non-action of a responsible authority may appeal to the city at any time. Any interested person adversely affected by any decision of a responsible authority may appeal to the city within fifteen days after such a decision.

B. Each appeal shall be filed with the responsible agency and shall be in writing on such form as the city may, from time to time, approve or if none, then on a form prescribed by the responsible authority.

C. Each appeal shall be signed by the appellant or his authorized agent.

D. The appeal shall identify the application for development permit or the subdivision or parcel map as to which issuance or approval is sought and shall identify the regulation which relates thereto and shall briefly state the facts which give rise to good and sufficient cause for granting relief on appeal. The appellant shall set forth the address for purposes of giving him notice and the telephone number of the appellant or his authorized agent.

E. If in addition to the responsible authority with which the appeal is filed, the action or nonaction of any other responsible authority is also subject to such appeal, the appeal shall identify each such other responsible authority, in which case the one with which such application is filed shall promptly send a copy of it to each such other responsible authority. The city is empowered to refuse to grant any appeal relating to the action or non-action of a responsible authority if the appeal failed to identify it.

F. The responsible authority shall promptly forward such appeal to the city clerk.

(Ord. 1038 § 1(part), 1999).

The city clerk shall fix a date and time for a hearing on such appeal which shall be within thirty days after the filing of the appeal or at the next succeeding regular meeting of the city after thirty days unless the applicant and appellant (if one other than the applicant) join in consent to a delay or continuance. If the city clerk fails to fix a date and time for hearing, the city shall do so. The city clerk shall cause notice to be given of the date, time and place of the hearing on the appeal at least one week prior thereto, as follows:

A. By mailing a copy of such notice to the appellant at the address set forth in the appeal, by ordinary U.S. Mail;

B. By mailing a copy of such notice to the applicant (if one other than the appellant) by ordinary U.S. Mail;

C. By mailing a copy of such notice to any person who has requested it and who has furnished the city clerk with a stamped, pre-addressed envelope for such purposes; and

D. By posting a copy of such notice on the bulletin board at city hall.

(Ord. 1038 § 1(part), 1999).

A. The city shall hear the appeal and consider evidence presented by the appellant, the responsible authority and any interested person at the time and place fixed in the notice of hearing.

B. With the consent of the appellant, the city may continue the hearing from time to time.

C. Within fifteen days after conclusion of the hearing, the city shall declare its findings, if any, and decision. The city clerk shall promptly transmit and post copies of the same in the manner provided for notices in Section 14.60.430.

D. If relief on appeal is granted, the floodplain administrator shall send to the applicant, in the manner mentioned in Subsection 14.60.370.C, a notice over the signature of the floodplain administrator that:

1. The issuance of a variance to construct a structure below the regulatory flood elevation will result in increased premium rates for flood insurance up to amounts as high as twenty-five dollars for one hundred dollars of insurance coverage;

2. Such construction below the regulatory flood elevation increases risk to life and property; and

3. Any other relevant information prescribed by the floodplain administrator; and

4. A copy of such notice shall be maintained with the record of the variance action mentioned in subsection E of this section.

5. A copy of such notice shall be recorded by the floodplain administrator in the office of the Kern County Recorder and shall be recorded in a manner so that it appears in the chain of title of the affected parcel of land.

E. The city clerk shall maintain a record of all actions taken by the city on appeals.

(Ord. 1038 § 1(part), 1999).

This chapter shall take precedence over less restrictive conflicting ordinances or parts of ordinances. The city council of the city may, from time to time, amend this chapter to reflect any and all changes in the statutes authorizing the National Flood Insurance Program that are incorporated in 42 U.S.C. Sections 4001 through 4128 or in the National Flood Insurance Program Regulations. The regulations of this chapter are intended to be in compliance with the National Flood Insurance Program Regulations, Parts 59 and 60 of Title 44 of the Code of Federal Regulations.

(Ord. 1038 § 1(part), 1999).