Fresno Municipal Code Art. 6 Fresno Flood Plain Ordinance

The Legislature of the State of California has in Government Code Sections 65302, 65560, and 65800 conferred upon local governments the authority to adopt regulations designed to promote the public health, safety, and general welfare of its citizenry. Therefore, the Council of the City of Fresno does hereby adopt the following floodplain management regulations.

(Added Ord. 2014-15, § 2, eff. 4-18-14).

Editor's note— Ord. No. 2014-15, § 1, effective April 18, 2014, amended the Code by repealing former § 11-601 and adding a new § 11-601. Former § 11-601 pertained to the title of this article, and derived from Ord. 2005-102, effective September 20, 2005; and Ord. 2007-92, effective January 17, 2008.

(a) The flood hazard areas of the City of Fresno are subject to periodic inundation which could result 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 either by encroachment of development into areas of special flood hazard or by the cumulative effect of obstructions in those areas. This in turn results in increased flood heights and velocities, and displaces flood flows onto lands not otherwise subject to special flood hazard. Such flood losses also occur when such developments are inadequately flood proofed, elevated or otherwise protected from flood damage. Inadequately anchored development can result in damage to uses in other areas.

(Added Ord. 2005-102, § 2, eff. 9-20-05; Am. Ord. 2007-92, § 3, eff. 1-17-08).

It is the purpose of this article 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 street and bridges located in areas of special flood hazard;

(f) Help maintain a stable tax base by providing for the sound use and development of areas of special flood hazard so as to minimize future blighted areas caused by flood damage;

(g) Ensure that potential buyers are notified that property is in an area of flood hazard; and

(h) Ensure that those who occupy the areas of special flood hazard assume responsibility for their actions.

(Added Ord. 2005-102, § 2, eff. 9-20-05; Am. Ord. 2007-92, § 3, eff. 1-17-08).

In order to accomplish its purposes, this ordinance 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 filling, grading, dredging, and other development which may increase flood damage;

(d) Prevent or regulate the construction of flood barriers which will unnaturally divert flood water or which may increase flood hazards in other areas; and

(e) Control the alteration of natural flood plains, stream channels, and natural protective barriers, which help accommodate or channel flood waters.

(Added Ord. 2005-102, § 2, eff. 9-20-05; Am. Ord. 2007-92, § 3, eff. 1-17-08).

Unless the particular provision or the context otherwise requires, the definitions and provisions contained in this section shall govern the construction, meaning and application of words and phrases used in this article, and except to the extent that a particular word or phrase is otherwise specifically defined in this section, the definitions and provisions contained in Article 2 (commencing with Section 1-201) of Chapter 1 of this Code shall also govern the construction, meaning and application of words and phrases used in this article. The definition of each word or phrase shall constitute, to the extent applicable, the definition of each word or phrase which is derivative from it, or from which it is a derivative, as the case may be.

(a) "Appeal" means a request for a review of the Flood Plain Administrator's interpretation of any provision of this article.

"Area of Shallow Flooding" means a designated AO or AH Zone on the Flood Insurance Rate Map (FIRM). The base flood depths range from one to three feet; a clearly defined channel does not exist; the path of flooding is unpredictable and indeterminate; and velocity flow may be evident. Such flooding is characterized by ponding or sheet flow.

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

(b) "Base Flood" means a flood which has a one percent chance of being equaled or exceeded in any given year (also called the "100-year flood"). Base flood is the term used throughout this article.

"Basement" means any area of the building having its floor sub grade - i.e., below ground level on all sides.

"Building" - see "Structure."

(c) (Reserved.)

(d) "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.

(e) "Encroachment" means the advance or infringement of uses, plant growth, fill, excavation, buildings, permanent structures or development into a flood plain which may impede or alter the flow capacity of a flood plain.

"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 April 15, 1983.

"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).

(f) "Flood, Flooding, or Flood Water" means:

(1) A general and temporary condition of partial or complete inundation of normally dry land areas from the overflow of inland waters; the unusual and rapid accumulation or runoff of surface waters from any source; and/or

(2) The condition resulting from flood related erosion — see "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 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 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 flood hazards and the risk premium zones applicable to the community.

"Flood Insurance Study (FIS)" 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.

"Flood Plain or Flood-prone Area" means any land area susceptible to being inundated by water from any source - see "Flooding."

"Flood Plain Administrator" is the Building Official for the City of Fresno.

"Flood Plain 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 flood plain, including but not limited to emergency preparedness plans, flood control works, flood plain management regulations, and open space plans.

"Flood Plain Management Regulations" means federal, state or local regulations in any combination thereof which provide standards for preventing and reducing flood loss and damage, including this Ordinance and other zoning ordinances, subdivision regulations, building codes, health regulations, special purpose ordinances (such as grading and erosion control) and other application of police power which control development in flood-prone areas.

"Flood Proofing" 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.

"Flood-related erosion" means the collapse or subsidence of land along the shore of a lake or other body of water as a result of undermining caused by waves or currents of water exceeding anticipated cyclical levels or suddenly caused by an unusually high water level in a natural body of water, accompanied by a severe storm, or by an unanticipated force of nature, such as a flash flood or an abnormal tidal surge, or by some similarly unusual and unforeseeable event which results in flooding.

"Floodway" - See "Regulatory Floodway."

"Floodway Fringe" is that area of the flood plain on either side of the "Regulatory Floodway" where encroachment may be permitted.

"Fraud and Victimization" as related to variances under Sections 11-637 to 11-641, means that the variance granted must not cause fraud on or victimization of the public. In examining this requirement, the Council 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.

"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.

(g) (Reserved.)

(h) "Hardship" as related to variances under Sections 11-637 to 11-641 means the exceptional hardship that would result from a failure to grant the requested variance. The variance must 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) Listed or determined to be eligible by the State Historical Resources Commission, for listing in the California Register of Historical Resources; or

(4) Individually listed or determined to be eligible by the Historical Preservation Commission, for listing in the Local Register of Historic Resources.

(i) (Reserved.)

(j) (Reserved.)

(k) (Reserved.)

(l) "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.

"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 flood proofing standard in Section 11-629.

b. The anchoring standards in Section 11-624.

c. The construction materials and methods standards in Section 11-625.

d. The standards for utilities in Section 11-631.

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

(m) "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.

"Map Amendment" means the exclusion of an individual structure and/or a legally described parcel of land that was inadvertently included in the SFHA shown on the effective Flood Hazard Boundary Map (FHBM) or Flood Insurance Rate Map (FIRM). When the Federal Emergency Management Agency (FEMA) determines that the structure or parcel has been inadvertently included in the SFHA, FEMA issues a letter, referred to as a Letter of Map Amendment (LOMA). The LOMA excludes the structure and/or parcel of land that was inadvertently included in the SFHA and officially amends the effective FHBM or FIRM.

"Map Revision" A change to an effective Flood Hazard Boundary Map (FHBM) or Flood Insurance Rate Map (FIRM). When a map revision is warranted, the Federal Emergency Management Agency will either revise and republish the affected map panels or issue a letter, referred to as a Letter of Map Revision (LOMR) that describes the changes and officially revises the effective FHBM or FIRM.

"Mean sea level" means, for purposes of the National Flood Insurance Program (NFIP), 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.

(n) "New construction," for flood plain management purposes, means structures for which the "start of construction" commenced on or after April 15, 1983, 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 April 15, 1983.

(o) "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."

(p) "Public safety and nuisance" as related to variances under Section 11-100.600.106 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.

(q) (Reserved.)

(r) "Recreational Vehicle" means a vehicle which is

(1) Built on a single chassis;

(2) 400 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" means the channel of a river or other watercourse and the adjacent land areas that must be preserved 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 flood plain management regulations, or, if this is not possible, to reduce the impacts of the noncompliance. Ways that impacts may be reduced include protecting the structure or other affected development from flood damages, implementing the enforcement provisions of this ordinance 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.

(s) "Sheet flow area" - see "Area of shallow flooding."

"Special flood hazard area (SFHA)" means an area having special flood hazards, and shown on an FHBM or FIRM as Zone A, AO, A1-A30, AE, A99, or AH.

"Start of construction" means the date a permit was issued to construct a new development or a substantial improvement of an existing development, 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" means a walled and roofed building 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 to its before-damaged condition would equal or exceed 50 percent of the market value of the structure before the damage occurred.

"Substantial improvement" means any reconstruction, rehabilitation, addition, or other proposed new development of a structure, the cost of which equals or exceeds 50 percent of the market value of the structure before the "start of construction" of the improvement. This term includes structures which have incurred "substantial damage," regardless of the actual repair work performed. The term does not, however, include either:

(1) Any project for improvement of a structure to correct existing violations or state or local health, sanitary, or safety code specifications which have been identified by the local code enforcement official and which are the minimum necessary to assure safe living conditions; or

(2) Any alteration of a "historic structure," provided that the alteration will not preclude the structure's continued designation as a "historic structure."

(t) (Reserved.)

(u) (Reserved.)

(v) "Variance" means a grant of relief from the requirements of this article which permits construction in a manner that would otherwise be prohibited by this article.

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

(w) "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 flood plains of 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 any specifically designated areas in which substantial flood damage may occur.

(Added Ord. 2005-102, § 2, eff. 9-20-05; Am. Ord. 2007-92, § 3, eff. 1-17-08).

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

(Added Ord. 2005-102, § 2, eff. 9-20-05; Am. Ord. 2007-92, § 3, eff. 1-17-08).

The areas of special flood hazard identified by the Federal Emergency Management Agency (FEMA) in the Flood Insurance Study (FIS) for Fresno County, California and incorporated areas dated February 18, 2009, with accompanying Flood Insurance Rate Maps (FIRM's) and Floodway Boundary and Floodway Maps (FBFM's) dated February 18, 2009, and all subsequent amendments and/or revisions, are hereby adopted by reference and declared part of this ordinance. The FIS and attendant mapping is the minimum area of applicability of this ordinance and may be supplemented by studies for other areas which allow implementation of this ordinance and which are recommended to the Council by the Floodplain Administrator. The study, FIRM's and FBFM's are on file in the Development and Resource Management Department.

(Added Ord. 2005-102, § 2, eff. 9-20-05; Am. Ord. 2007-92, § 3, eff. 1-17-08; Am. Ord. 2014-15, § 2, eff. 4-18-14).

No structure or land shall hereafter be constructed, located, extended, converted, or altered without full compliance with the term of this article and other applicable regulations. Violation of the requirements (including violations of conditions and safeguards established in connection with conditions) shall constitute a public nuisance and a misdemeanor. Violations may be treated as a violation of the Dangerous Building Ordinance (Chapter 11, Article 4) and abated under the procedures found therein.

(Added Ord. 2005-102, § 2, eff. 9-20-05; Am. Ord. 2007-92, § 3, eff. 1-17-08).

Where this article and another ordinance, easement, covenant, or deed restriction conflict or overlap, whichever imposes the more stringent restrictions shall prevail.

(Added Ord. 2005-102, § 2, eff. 9-20-05; Am. Ord. 2007-92, § 3, eff. 1-17-08).

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

(a) Considered as minimum requirements;

(b) Liberally construed in favor of the City of Fresno; and

(c) Deemed neither to limit nor repeal any other powers granted under state statutes.

(Added Ord. 2005-102, § 2, eff. 9-20-05; Am. Ord. 2007-92, § 3, eff. 1-17-08).

The degree of flood protection required by this article 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 article does not imply that land outside the areas of special flood hazard, or uses permitted within such areas will be free from flooding or flood damages. This article shall not create liability on the part of the Council, any officer or employee thereof, the State of California, or the Federal Insurance Administration, Federal Emergency Management Agency, for any flood damages that may result from reliance on this article or any administrative decision lawfully made thereunder.

(Added Ord. 2005-102, § 2, eff. 9-20-05; Am. Ord. 2007-92, § 3, eff. 1-17-08).

If any section, sentence, clause or phrase of this article is for any reason held to be invalid or unconstitutional by a decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portion of this article. The Council hereby declares that it would have passed this ordinance and adopted this article and each section, sentence, clause or phrase thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses or phrases be declared invalid or unconstitutional.

(Added Ord. 2005-102, § 2, eff. 9-20-05; Am. Ord. 2007-92, § 3, eff. 1-17-08).

A building permit shall be obtained before any construction or other development begins within any area of special flood hazard established in Section 11-607. Application for a building permit shall be made on forms furnished by the Flood Plain Administrator, and may include, but shall not be limited to: plans (4 sets) 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) Proposed elevation, in relation to mean sea level, of the lowest floor (including basement) of all structures; in Zone AO, the elevation of highest adjacent grade and the proposed elevation of lowest floor of all structures; or

(b) Proposed elevation, in relation to mean sea level, to which any nonresidential structure will be floodproofed, if required in section 11-628, and section 11-629; and

(c) Appropriate certifications listed in section 11-613 and 11-619; and

(d) Description of the extent to which any watercourse will be altered or relocated as a result of proposed development; and

(e) Certification by a registered professional civil engineer or architect that flood waters are not displaced or diverted as a result of proposed development, unless such certification is waived by the Flood Plain Administrator; and

(f) Certification by registered professional civil engineer or architect that the proposed development complies with Section 11-616 through 11-618 unless such certification is waived by the Flood Plain Administrator; and

(g) Hydrologic study, calculations, documentation, and supporting data certified by the registered professional civil engineer or architect which substantiate compliance with this article and application review requirements of Section 11-616.

(Added Ord. 2005-102, § 2, eff. 9-20-05; Am. Ord. 2007-92, § 3, eff. 1-17-08).

The Building Official is hereby appointed to administer, implement, and enforce this article by granting or denying development permits in accord with its provisions.

(Added Ord. 2005-102, § 2, eff. 9-20-05; Am. Ord. 2007-92, § 3, eff. 1-17-08).

The duties and responsibilities of the Flood Plain Administrator shall include, but not be limited to the provisions in Sections 11-616 to 11-621.

(Added Ord. 2005-102, § 2, eff. 9-20-05; Am. Ord. 2007-92, § 3, eff. 1-17-08).

The Flood Plain Administrator shall review all development applications to determine that:

(a) The permit requirements of this article have been satisfied.

(b) All other required state and federal permits have been obtained.

(c) The site is reasonably safe from flooding.

(d) The proposed development does not adversely affect the flood-carrying capacity of areas where base flood elevations have been determined but a floodway has not been designated. For the purposes of this article, "adversely affects" shall mean 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, or displace flood water into areas not otherwise subject to such special flood hazards.

(e) The flood discharge exiting the development after construction is equal to or less than the flood discharge prior to development.

(f) Any reduction in discharge prescribed in subdivision (e) above is the result of new flood water storage capacities provided by the development and not the result of the diversion of flood flows, unless approved by the Flood Plain Administrator.

(g) The volume of space occupied by the proposed fill or structure below the base flood elevation is compensated for and balanced by a hydraulically equivalent volume of excavation taken from below the base flood elevation. All such excavations shall be constructed to drain freely to the watercourse.

(Added Ord. 2005-102, § 2, eff. 9-20-05; Am. Ord. 2007-92, § 3, eff. 1-17-08).

When base flood elevation data has not been provided in accordance with Section 11-607. The Flood Plain 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 11-623 to 11-636. Any such information shall be submitted to the Council for adoption.

(Added Ord. 2005-102, § 2, eff. 9-20-05; Am. Ord. 2007-92, § 3, eff. 1-17-08).

1. In alteration or relocation of a watercourse, the Flood Plain Administrator shall:

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

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

c) Assure that the flood carrying capacity within the altered or relocated portion of said watercourse is maintained; and

d) Provide notice to the Fresno Metropolitan Flood Control District of all development applications pertaining to lands in excess of one-half acre in size located within areas of special flood hazard.

2. In changes to the Base Flood Flevation due to physical alterations, the Flood Plain Administrator shall:

a) Submit or assure that permit applicants submit technical or scientific data to FEMA for a Letter of Map Revision (LOMR) within six months of the information becoming available or project completion, whichever comes first

b) Assure that all LOMOR's for flood control projects are approved prior to the issuance of building permits. Building permits must be issued based on Conditional Letters of Map Revision (CLOMR's). Approved CLOMR's allow construction of the proposed flood control project and land preparation as specified in the "start of construction" definition.

c) Such submissions are necessary so that upon confirmation ol physical changes affecting flooding conditions, risk premium rates and flood plain management requirements are based on current data.

3. In changes to the corporate boundaries of the City of Fresno, the Flood Plain Administrator shall:

a) Notify FEMA in writing whenever the corporate boundaries have been modified by annexation or other means and include a copy of a map of the community clearly delineating the new boundary limits.

(Added Ord. 2005-102, § 2, eff. 9-20-05; Am. Ord. 2007-92, § 3, eff. 1-17-08; Am. Ord. 2009-11, §§ 1, 2, eff. 5-1-09).

The Flood Plain Administrator shall obtain and maintain for public inspection and make available as needed the following:

(a) Certification required by Section 11-627 (lowest floor elevations);

(b) Certification required by Section 11-628 (elevation or floodproofing of nonresidential structures);

(c) Certification required by Sections 11-629 (wet floodproofing standard);

(d) Certification of elevation required by Section 11-632 (subdivision standards);

(e) Certification required by Section 11-635 (floodway encroachments).

(Added Ord. 2005-102, § 2, eff. 9-20-05; Am. Ord. 2007-92, § 3, eff. 1-17-08).

The Flood Plain Administrator shall 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, the person contesting the location of the boundary shall be given a reasonable opportunity to appeal the interpretation as provided in Section 11-622.

EXCEPTION: Where there appears to be a conflict between a mapped boundary and actual field conditions. Wherein the subject property is located within a special flood hazard area (SFHA) on the FIRM, and the actual field conditions indicate that the property is outside the SFHA. Appeal is available through the Federal Emergency Management Agency (FEMA) as a "Map Amendment" (see Section 11-605 definition for "map amendment").

(Added Ord. 2005-102, § 2, eff. 9-20-05; Am. Ord. 2007-92, § 3, eff. 1-17-08).

The Flood Plain Administrator may take action to remedy violations of this article as specified in Section 11-608.

(Added Ord. 2005-102, § 2, eff. 9-20-05; Am. Ord. 2007-92, § 3, eff. 1-17-08).

The Building Commission of the City of Fresno shall hear and decide appeals when it is alleged there is an error in any requirement, decision, or determination made by the Flood Plain Administrator in the enforcement or administration of this article. If appointments to the Building Commission have not been made or the Building Commission is deemed to be inactive, all appeals regarding any alleged error in any requirement, decision, or determination made by the Flood Plain Administrator in the enforcement or administration of this article shall by [be] heard by the Hearing Officer pursuant to Chapter 1, Article 4.

(Added Ord. 2005-102, § 2, eff. 9-20-05; Am. Ord. 2007-92, § 3, eff. 1-17-08; Ord. No. 2014-27, § 2, eff. 7-19-14).

In all areas of special flood hazard, the standards in Sections 11-624 to 11-630 are required.

(Added Ord. 2005-102, § 2, eff. 9-20-05; Am. Ord. 2007-92, § 3, eff. 1-17-08).

(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 11-633.

(Added Ord. 2005-102, § 2, eff. 9-20-05; Am. Ord. 2007-92, § 3, eff. 1-17-08).

All new construction and substantial improvements of structures, including manufactured homes, shall be constructed:

(a) With flood resistant materials, and utility equipment resistant to flood damage for areas below the base flood elevation.

(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 flood waters around and away from structures.

(e) All fill placed in the area of the building pads shall be compacted to 95 percent of the maximum density obtainable with the Standard Proctor Test method issued by the American Society for Testing and Materials (ASTM Standard D-698).

(Added Ord. 2005-102, § 2, eff. 9-20-05; Am. Ord. 2007-92, § 3, eff. 1-17-08; Am. Ord. 2014-15, § 2, eff. 4-18-14).

(See SECTION 11-605 definitions for "basement," "lowest floor," "new construction," "substantial damage" and "substantial improvement.")

(Added Ord. 2005-102, § 2, eff. 9-20-05; Am. Ord. 2007-92, § 3, eff. 1-17-08).

In General, New or substantial improvement, shall be in conformance with adopted California Residential Building Code section R322.2.1.

(Added Ord. 2025-041, § 2, eff. 10-31-25).

Editor's note— Added Ord. 2025-041, §§ 1, 2, adopted September 25, 2025, and effective October 31, 2025, repealed the former § 11-627, and enacted a new § 11-627 as set out herein. The former § 11-627 pertained to similar subject matter and derived from Added Ord. 2005-102, § 2, eff. September 20, 2005; Am. Ord. 2007-92, § 3, eff. January 17, 2008.

Nonresidential construction, new or substantial improvement, shall have the lowest floor, shall either elevated to conform with Section 11-627 or together with attendant utility and sanitary facilities:

(a) Be floodproofed below the elevation specified under Section 11-627 so that the structure is watertight with walls substantially impermeable to the passage of water;

(b) Have structural components capable of resisting hydrostatic and hydrodynamic loads and effects of buoyancy; and

(c) Be certified by a registered professional civil engineer or architect that the standards of this section are satisfied. Such certification shall be provided to the Flood Plain Administrator.

(Added Ord. 2005-102, § 2, eff. 9-20-05; Am. Ord. 2007-92, § 3, eff. 1-17-08).

All new construction and substantial improvement with fully enclosed areas below the lowest floor (excluding basements) that are usable solely for parking of vehicles, building access or storage, and which are subject to flooding, shall be designed to automatically equalize hydrostatic flood forces on exterior walls by allowing for the entry and exit of floodwater. Designs for meeting this requirement must exceed the following minimum criteria:

(a) Be certified by a registered professional engineer or architect; or

(b) Have a minimum of two openings on different sides of each enclosed areas having a total net area of not less than one square inch for every square foot of enclosed area subject to flooding. The bottom of all openings shall be no higher than one foot above grade. Openings may be equipped with screens, louvers, valves or other coverings or devices provided that they permit the automatic entry and exit of floodwater.

(Added Ord. 2005-102, § 2, eff. 9-20-05; Am. Ord. 2007-92, § 3, eff. 1-17-08).

Manufactured homes shall also meet the standards in Section 11-633.

(Added Ord. 2005-102, § 2, eff. 9-20-05; Am. Ord. 2007-92, § 3, eff. 1-17-08).

(a) All new and replacement water supply and sanitary sewage systems shall be designed to minimize or eliminate:

(1) Infiltration of flood waters into the systems, and

(2) Discharge from the systems into flood waters.

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

(Added Ord. 2005-102, § 2, eff. 9-20-05; Am. Ord. 2007-92, § 3, eff. 1-17-08).

(a) All new subdivision proposals and other proposed development greater than 50 lots or 5 acres, whichever is the lesser, shall:

(1) Identify the area of Special Flood Hazard Areas (SFHA) and the Base Flood Elevations (BFE).

(2) Identify the elevations of the lowest floors of all proposed structures and pads on the final plans.

(3) If the site is filled above the base flood elevation, the lowest floor and pad elevations and the lowest adjacent grades shall be certified by a registered professional engineer or surveyor and provided as part of an application for a Letter of Map Revision based on Fill (LOMR-F) to the Floodplain Administrator.

(b) All subdivision proposals and other proposed development shall be consistent with the need to minimize flood damage.

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

(d) All subdivision proposals and other proposed development shall provide adequate drainage to reduce exposure to flood hazards.

(Added Ord. 2005-102, § 2, eff. 9-20-05; Am. Ord. 2007-92, § 3, eff. 1-17-08; Am. Ord. 2014-15, § 2, eff. 4-18-14).

(a) All manufactured homes that are placed or substantially improved, within Zones A1-A30, AO, AE, and AH on the community's Flood Insurance Rate Map, on sites located:

(1) Outside of a manufactured home park or subdivision,

(2) In a new manufactured home park or subdivision,

(3) In an expansion to an existing manufactured home park or subdivision, or

(4) In an existing manufactured home park or subdivision on a site upon which a manufactured home has incurred "substantial damage" as the result of a flood.

Shall be elevated on a permanent foundation such that the lowest floor of the manufactured home is elevated to the elevation specified under Section 11-627 and be securely fastened to an adequately anchored foundation system to resist flotation, collapse and lateral movement.

(b) All manufactured homes to be placed or substantially improved on sites in an existing manufactured home park or subdivision within Zones A1-A30, AE, AH, and AO on the community's Flood Insurance Rate Map that are not subject to the provisions of subdivision (1), below, will be securely fastened to an adequately anchored foundation system to resist flotation collapse, and lateral movement, and be elevated so that either the:

(1) Lowest floor of the manufactured home is at or above the elevation as specified under Section 11-627, or

(2) Manufactured home chassis is supported by reinforced piers or other foundation elements of at least equivalent strength that are no less than 36 inches in height above grade.

(Added Ord. 2005-102, § 2, eff. 9-20-05; Am. Ord. 2007-92, § 3, eff. 1-17-08).

All recreational vehicles placed on sites within Zones A1-30, AH, AE, and AO on the community's Flood Insurance Rate Map will either:

(a) Be on the site for fewer than 180 consecutive days, and 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

(b) Meet the permit requirements of Section 11-613 to Section 11-622 and the elevation and anchoring requirements for manufactured homes in Section 11-633(b)(1).

(Added Ord. 2005-102, § 2, eff. 9-20-05; Am. Ord. 2007-92, § 3, eff. 1-17-08).

Located within areas of special flood hazard established in Section 11-607 are areas designated as floodways. Since the floodway is an extremely hazardous area due to the velocity of flood water which carries debris, potential projectiles, and erosion potential, the following provisions apply:

(a) Prohibit encroachments including fill, new construction, substantial improvements, and all other development unless certification by a registered professional civil engineer or architect is provided demonstrating that the encroachments shall not result in any increase in the base flood elevation during the occurrence of the base flood discharge, and further certifying that there is no risk of diversion of such flood flows.

(b) If subdivision (a), above, is satisfied, all new construction, substantial improvement, and other proposed new development shall comply with all other applicable flood hazard reduction provisions of Sections 11-623 to 11-636.

(Added Ord. 2005-102, § 2, eff. 9-20-05; Am. Ord. 2007-92, § 3, eff. 1-17-08).

(a) The storage or processing of materials that are in time of flooding, buoyant, flammable, explosive, or could be injurious to human, animal or plant life is prohibited.

(b) Storage of other material or equipment may be allowed if not subject to major damage by floods and firmly anchored to prevent flotation or if readily removable from the area within the time available after flood warning.

(Added Ord. 2005-102, § 2, eff. 9-20-05; Am. Ord. 2007-92, § 3, eff. 1-17-08).

The variance criteria set forth in Sections 11-637 to 11-641 are based on the general principle of zoning law that variances pertain to a piece of property and are not personal in nature. A variance may be granted for a parcel of property with physical characteristics so unusual that complying with the requirements of this article would create an exceptional hardship to the applicant or the surrounding property owners. The characteristics must be unique to the property and not be shared by adjacent parcels. The unique characteristic must pertain to the land itself, not to the structure, its inhabitants, or the property owners.

The public needs to be protected from flooding. This need is so compelling and the implications of the cost of insuring a structure built below flood level are so serious that variances from the flood elevation or from other requirements in the flood ordinance must be 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 article 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.

(Added Ord. 2005-102, § 2, eff. 9-20-05; Am. Ord. 2007-92, § 3, eff. 1-17-08).

In passing upon requests for variances, the Building Commission of the City of Fresno shall consider all technical evaluations, all relevant factors, standards specified in other sections of this ordinance, and:

(a) Danger that materials may be swept onto other lands to the injury of others;

(b) Danger of life and property due to flooding or erosion damage;

(c) 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;

(d) Importance of the services provided by the proposed facility to the community;

(e) Necessity to the facility of a waterfront location, where applicable;

(f) Availability of alterative locations for the proposed use which are not subject to flooding or erosion damage;

(g) Compatibility of the proposed use with existing and anticipated development;

(h) Relationship of the proposed use to the comprehensive plan and flood plain management program for that area;

(i) Safety of access to the property in time of flood for ordinary and emergency vehicles;

(j) Expected heights, velocity, duration, rate of rise, and sediment transport of the flood waters expected at the site; and

(k) 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.

(Added Ord. 2005-102, § 2, eff. 9-20-05; Am. Ord. 2007-92, § 3, eff. 1-17-08).

Any applicant to whom a variance is granted shall be given written notice that:

(a) The issuance of a variance to construct a structure below the base flood level will result in increased premium rates for flood insurance up to amounts as high as $25 for $100 of insurance coverage, and

(b) Such construction below the base flood level increases risks to life and property. A copy of the notice shall be recorded by the Flood Plain Administrator in the Office of the Fresno County Recorder and shall be recorded in a manner so that it appears in the chain of title of the affected parcel of land.

(Added Ord. 2005-102, § 2, eff. 9-20-05; Am. Ord. 2007-92, § 3, eff. 1-17-08).

The Flood Plain Administrator will maintain a record of all variance actions, including justification for their issuance, and report such variances issued in its biennial report submitted to the Federal Insurance Administration, Federal Emergency Management Agency.

(Added Ord. 2005-102, § 2, eff. 9-20-05; Am. Ord. 2007-92, § 3, eff. 1-17-08).

(a) Generally, variances may be issued for new construction, substantial improvement, and other proposed new development to be erected on a lot of one-half acre or less in size contiguous to and surrounded by lots with existing structures constructed below the base flood level, providing that the procedures of Sections 11-613 and 11-636 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 11-605) upon a determination that the proposed repair or rehabilitation will not preclude the structure's continued designation as an 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 shall only be issued upon a determination that the variance is the "minimum necessary" considering the flood hazard, to afford relief. "Minimum necessary" means to afford relief with a minimum of deviation from the requirements of this article. For example, in the case of variances to an elevation requirement, this means the Building Commission need not grant permission for the applicant to build at grade, or even to whatever elevation the applicant proposes, but only to that elevation which the Building Commission believes will both provide relief and preserve the integrity of the local ordinance.

(e) Variances shall only be issued upon a

(1) Showing of good and sufficient cause;

(2) Determination that failure to grant the variance would result in exceptional "hardship" (as defined in Section 11-605) to the applicant; and

(3) Determination that the granting of a variance will not result in increased flood heights, additional threats to public safety, or extraordinary public expense, create a nuisance (see "Public safety and nuisance" as defined in Section 11-605), cause fraud or victimization (as defined in Section 11-605) of the public, or conflict with existing local laws or ordinances.

(f) Variances may be issued for new construction, substantial improvement, and other proposed new development necessary for the conduct of a functionally dependent use provided that the provisions of this section are satisfied and that the structure or other development is protected by methods that minimize flood damages during the base flood and does not result in additional threats to public safety and does not create a public nuisance.

(g) Upon consideration of the factors of Section 11-638 and the purposes of this article, the Building Commission may attach such conditions to the granting of variances as it deems necessary to further the purposes of this article.

(Added Ord. 2005-102, § 2, eff. 9-20-05; Am. Ord. 2007-92, § 3, eff. 1-17-08).