Isleton Municipal Code Ch. 5.52 Flood Damage Prevention

The National Flood Insurance Act of 1968, as amended, requires that as a condition for continued eligibility in the National Flood Insurance Program, local governmental units adopt flood plain management regulations which meet federal requirement. It is the intent of the city that this chapter shall establish flood plain regulations satisfying such federal requirements.

The legislature of the state has in California 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.

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:

A. To protect human life and health;

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

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

D. To minimize prolonged business interruptions;

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

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

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

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

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

A. Restricting or prohibiting uses which are dangerous to health, safety, and property due to water or erosion hazards, or which result in damaging increases in erosion of flood heights or velocities;

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

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

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

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

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 is most reasonable application.

A. Agricultural Structure means a walled and roofed structured 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.

B. Appeal means a request for a review of the flood plain administrator's interpretation of any provision of this chapter or a request for variance.

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

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

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

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

2. The elevated portion of the building shall not incur any structural damage due to the effects of wind and water loads acting simultaneously in the event of the base flood.

F. Development means any man-made change, improved or unimproved real estate, including but not limited to buildings or other structures, mining, dredging, filing, grading, paving, excavation or drilling operation and storage of equipment or materials.

G. 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.

H. Flood or flooding means a general and temporary condition of partial or complete inundation of normally dry land areas from:

1. The overflow of flood waters;

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

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

I. Flood boundary and floodway map means the official map on which the Federal Emergency Management Agency or Federal Insurance Administration has delineated both the areas of flood hazard and the floodway.

J. 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.

K. Flood insurance study means the official report provided by the Federal Insurance Administration that includes flood profiles, the FIRM, the flood boundary and floodway map, and the water surface elevation of the base flood.

L. Flood plain or flood-prone area means any land area susceptible to being inundated by water from any source (see definition of "flooding").

M. Flood plain administrator is the individual appointed to administer and enforce the flood plain management regulations.

N. Flood plain management means the operation of any overall program of corrective and preventative measures for reducing flood damage and preserving and enhancing, where possible, natural resources in the flood plain, included but not limited to emergency preparedness plans, flood control works and flood management regulations, and or open space plans.

O. Flood plain management regulations means zoning ordinances, subdivision regulations, building codes, health regulations, special purpose ordinances (such as flood plain ordinances, grading ordinances and erosion control ordinances) and other applications of police power which control developments in flood-prone areas. This term describes such federal, state or local regulations in any combination thereof, which provide standards for the purpose of flood damage prevention and reduction.

P. 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.

Q. Fraud and victimization as related to section 5.52.260, conditions for variances, of this chapter, means that the variance granted must not cause fraud on or victimization of the public. In examining this requirement, the (community governing body) will consider the fact that every newly constructed building adds to government responsibilities and remains a part of the community for 50 to 100 years. Buildings that are permitted to be constructed below the base flood elevation are subject during all those years to increased risk of damage from floods, while future owners of the property and the community as a whole are subject to all the costs, inconvenience, danger, and suffering that those increased flood damages bring. In addition, future owners may purchase the property, unaware that it is subject to potential flood damage, and can be insured only at very high flood insurance rates.

R. 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, but does not include long-term storage or related manufacturing facilities.

S. 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.

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

U. 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 listings in 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 stated inventory of historic places in state 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 stated program as determined by the Secretary of the Interior or directly by the Secretary of the Interior in states with approved programs.

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

1. An unfinished flood resistant enclosure usable solely for parking of vehicles, building access or storage in an area other than a basement area is not considered a building's lowest floor provided, that such enclosure is not built so as to render the structure on violation of the application non-elevation design requirements of this chapter, including, but not limited to:

a. The wet floodproofing standards in section F5.1.C.3.

b. The anchoring standards in section 5.1.A.

c. The construction materials and methods standards in section 5.1.B.

d. The standards for utilities in section 5.2.

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.

W. Manufactured home means a structure, transportable in one or more section, which is built on a permanent chassis and is designed for use with or without a permanent foundation when connected to the required utilities. For flood plain management purposes the term "manufactured home" also includes park trailers, travel trailers and other similar vehicles placed on a site for greater than 180 consecutive days. The term "manufactured home" does not include a "recreational vehicle."

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

Y. 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 blood elevations shown on a community's flood insurance rate map are referenced.

Z. New construction means, for flood plain management purposes, structures for which the "start of construction" commenced on or after the effective date of a flood plain management regulation adopted by this community, and includes any subsequent improvement to such structures.

AA. One hundred year flood or 100-year flood means a flood which has a one (1) percent annual probability of being equaled or exceeded. It is identical to the "base flood," which will be the term used throughout this chapter.

BB. Person means an individual or his agent, firm, partnership, association or corporation, or agent of the aforementioned groups, or this state or its agencies or political subdivisions.

CC. Public safety and nuisance as related to section 5.52.260, conditions for 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.

DD. 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.

EE. Remedy a violation means to bring a structure or other development into compliance with state or local flood plain 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 damage, implementing the enforcement provisions of the ordinance or otherwise deterring future similar violations, or reducing state or federal financial exposure with regard to structure or other development.

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

GG. Special flood hazard area (SFHA) means an area having special flood or flood-related erosion hazards, and shown on an FHBM or FIRM as zone A, A1-30, AE or A99.

HH. Start of construction includes substantial improvement, and means that the date the building permit was issued, provided the actual start of construction, repair, construction, placement, or other improvements was within 180 of the permit date. The actual start means either the first pouring of slab or footings, the installation of piles, the construction of 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 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 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.

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

JJ. 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.

KK. Substantial improvement means any repair, reconstruction, or improvement of a structure, the cost of which equals or exceeds 50 percent of the market value of the structure either:

1. Before the improvement or repair is started; or

2. If the structure has been damaged, and is being restored, before the damage occurred.

For the purpose of this definition "substantial improvement" is considered to occur when the first alteration of any wall, ceiling, floor, or other structural part of the building commences, whether or not that alteration affects the external dimensions of the structure. The term does not, however, include either:

1. Any project for improvement of a structure to comply with existing state or local health, sanitary, or safety code specifications which are solely necessary to assure safe living conditions; or

2. Any alteration of a structure listed on the National Register of Historic Places or a state inventory of historic places.

LL. 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.

MM. Violation means the failure of a structure or other development to be fully compliant with the community's flood plain management regulations. 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.

(Ord. No. 2022-05, § 8-3-2022)

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

The areas of special flood hazard, identified by the Federal Insurance Administration (FIA) of the Federal Emergency Management Agency (FEMA) in a scientific and engineering report entitled "Flood Insurance Study for City of Isleton dated July 2, 1987, with an accompanying flood insurance rate map," and all subsequent amendments and/or revisions, are hereby adopted by reference and declared to be a part of this chapter. The flood insurance study is the minimum area of applicability of this chapter and may be supplemented by studies for other areas which allow implementation of this chapter and which are recommended to the city council by the flood plain administrator.

No structure or land shall hereafter be constructed, located, extended, converted, or altered without full compliance with the terms of this chapter and other applicable regulations.

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.

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.

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, any officer or employee thereof, or the Federal Insurance Administration, for any flood damages that result from reliance on this chapter or any administrative decision lawfully made thereunder.

A development permit shall be obtained before construction or development begins within any area of special flood hazards, established in 5.52.070. Application for a development permit shall be made on forms furnished by the flood plain 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. Proposed elevation in relation to mean sea level, of the lowest floor (including basement) of all structures.

B. Proposed elevation in relation to mean sea level to which any structure will be floodproofed;

C. All appropriate certificates listed in subsection 5.52.170.A of this chapter; and

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

The city building inspector is hereby appointed to administer and implement this chapter by granting or denying development permits in accordance with its provisions.

The flood plain administrator shall:

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

B. Determining that the site is reasonably safe from flooding;

C. The proposed development does not adversely affect the carrying capacity of areas where base flood elevations have been determined but a floodway has not been designated. For purpose of this chapter "adversely affects" means combined with all other existing and anticipated development will increase the water surface elevation of the base flood more than a foot at any point.

When base flood elevation data has not provided in accordance with section 5.52.070, the flood plain administrator shall obtain, review, and reasonably utilize any base flood elevation and floodway data available from a Federal Insurance Administration; and submit evidence of such notification to the Federal Insurance Administration.

The flood plain administrator shall:

A. Notify adjacent communities and the state department of water resources prior to such alteration or relocation of a watercourse, and submit evidence of such notification to the Federal Insurance Administration; and submit evidence of such notification to the Federal Insurance Administration;

B. Require that the flood carrying capacity of the altered or relocation of a watercourse is maintained.

C. 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. No. 2022-05, § 8-3-2022)

The flood plain administrator shall:

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

1. The certification required in subsection 5.52.200.A (lowest floor elevation);

2. The certification required in subsection 5.52.200.C.1 or 5.52.200.C.2 (wet flood proofing standard);

3. The certified elevation required in subsection 5.52.220.B (subdivision standards);

B. Make interpretations where needed, as to the exact location of the boundaries of the areas of special flood hazards (for example, where there appears to be a conflict between a mapped boundary and actual field conditions). The person contesting the location of the boundary shall be given a reasonable opportunity to appeal in interpretation as provided in chapter 6.0.

C. Take action to remedy violations of this chapter as specified in section 5.52.270 herein.

A. Inspections, in general. Development for which a permit for flood plain development is required shall be subject to inspection. Approval as a result of an inspection shall not be construed to be an approval of a violation of the provisions of these regulations or the building code. Inspections presuming to give authority to violate or cancel the provisions of these regulations or the building code or other ordinances shall not be valid.

B. Inspections of development other than buildings and structures. The flood plain administrator shall make or cause to be made, inspections of all development other than buildings and structures that is authorized by issuance of a permit for flood plain development time to time to determine when development is undertaken without issuance of a permit.

C. Inspections of manufactured homes installations. The flood plain administrator shall make or cause to be made, inspections of installation and replacement of manufactured homes in flood hazard areas authorized by issuance of a permit for flood plain development under these regulations. Upon installation of a manufactured home and receipt of the elevation certification required in section 304-1 of these regulations the flood plain administrator shall inspect the installation or have the installation inspected.

D. Buildings and structures. The building official shall make or cause to be made, inspections for buildings and structures in flood hazard areas authorized by permit, in accordance with the building code:

1. Lowest floor elevation. Upon placement of the lowest floor, including the basement, and prior to further vertical construction, certification of the elevation required in the building code shall be prepared by a licensed land surveyor or registered civil engineer and submitted to the building official.

2. Final inspection. Prior to the final inspection, certification of the elevation required in the building code shall be prepared by a licensed land surveyor or registered civil engineer and submitted to the building official.

(Ord. No. 2022-05, § 8-3-2022)

A. All new construction and substantial improvements shall be 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 5.52.230.

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

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

C. All new construction and substantial improvements shall be constructed 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.

A. New construction and substantial improvement of any residential structure shall have the lowest floor, including basement, elevated to or above the base flood elevation. Nonresidential structures may meet the standards in subsection 5.52.200.B. Upon completion of the structure the elevation of the lowest floor including basement shall be certified by a registered professional engineer or surveyor. Such certification or verification shall be provided to the flood plain administrator.

B. Nonresidential construction shall either be elevated in conformance with subsection 5.52.200.A or together with attendant utility and sanitary facilities:

1. Be floodproofed so that below the base flood level 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 flood plain administrator.

C. Require, for all new construction and substantial improvements, that fully enclosed areas below the lowest floor that are subject to flooding shall be designed to automatically equalize hydrostatic flood forces on exterior walls by allowing for the entry and exit of floodwaters. Designs for meeting this requirement must either be 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 the flooding 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 floodwaters; or

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

D. Manufactured homes shall also meet the standards in section 5.52.230.

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

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

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

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

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

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

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

All new and replacement manufactured homes and additions to manufactured homes shall:

A. Be elevated so that the lowest floor is at or above the base flood elevation; and

B. Be securely anchored to a permanent foundation system to resist flotation, collapse or lateral movement.

A. All recreational vehicles placed on sites within zones A1-30, AH and AE on the community's flood insurance rate map will either:

1. 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

2. Meet the permit requirements of section 5.52.230 of this chapter and the elevation and anchoring requirements for manufactured homes in subsection 5.52.230.A.

B. Recreational vehicles placed on sites within zones V1-30, V and VE on the community's flood insurance rate map will meet the requirements of section 5.42.240.A and section 5.7.

A. The planning commission of the city shall hear and decide appeals and requests for variances from the requirements of this chapter.

B. The planning commission 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 chapter.

C. Any person aggrieved by the decision of the planning commission may appeal to the city council as provided in the city zoning ordinance for appeals to the city council.

D. In passing upon such application, the planning commission shall consider all technical evaluations, all relevant factors, standards specified in other sections of this chapter, and:

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

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

3. The susceptibility of the proposed facility and its contents to flood damage and the effect of such damage on the individual owner;

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

5. The necessity to the facility of a waterfront location where applicable;

6. The availability of alternative locations for the proposed use which are not subject to flooding or erosion damage;

7. The compatibility of the proposed use with existing and anticipated development;

8. The relationship of the proposed use to the comprehensive plan and flood plain management program for that area;

9. The safety of access to the property in time of flood for ordinary and emergency vehicles;

10. The expected heights, velocity, duration, rate of rise, and sediment transport of the flood waters expected at the site; and

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

E. Generally, variances may be issued for new construction and substantial improvements 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 subsections 5.52.250.D.1—11 have been fully considered. As the lot size increases beyond one-half acre, the technical justification required for issuing the variance increases.

F. Upon consideration of the factors of section 5.52.250 and the purposes of this chapter, the planning commission may attach such conditions to the granting of variances as it deems necessary to further the purposes of this chapter.

G. The flood plain administrator shall maintain the records of all appeal actions and report any variances to the Federal Insurance Administration upon request.

A. Variances may be issued for the reconstruction, rehabilitation or restoration of structures listed in the National Register of Historic Places or the state inventory of historic places, without regard to the procedures set forth in the remainder of this section.

B. Variances shall not be issued within any designated floodway if any increase in flood levels during the base flood discharge would result.

C. Variances shall only be issued upon a determination that the variance is the minimum necessary, considering the flood hazard, to afford relief.

D. Variances shall only be issued upon:

1. A showing of good and sufficient cause;

2. A determination that failure to grant the variance would result in exceptional hardship to the applicant; and

3. A determination that the granting of a variance will not result in increased flood heights, additional threats to public safety, extraordinary public expense, create nuisances, cause fraud on or victimization of, the public, or conflict existing local laws or ordinances.

E. Variances may be issued for new construction and substantial improvements and for other development necessary for the conduct of a functionally dependent use provided that the provisions of subsections 5.52.260.A—D are satisfied and that the structure or other development is protected by methods that minimize flood damages during the base flood and create no additional threats to public safety.

F. Any applicant to whom a variance is granted shall be given written notice that the structure will be permitted to be built with a lowest floor elevation below the regulatory flood elevation and that the cost of flood insurance will be commensurate with the increased risk resulting from the reduced lowest floor elevation. A copy of the notice shall be recorded in the office of the county recorder and shall be recorded in a manner so that it appears in the chain of title of the affected parcel of land.

G. Agricultural structures. A variance is authorized to be issued for the construction or substantial improvement of agricultural structures that are not elevated or dry floodproofed, provided the requirements of this section are satisfied, and;

1. A determination has been made that the proposed agricultural structure:

a. Is used exclusively in connection with the production, harvesting, storage, raising, or drying of agricultural commodities and livestock, or storage of tools or equipment used in connection with these purposes or uses, and will be restricted to such exclusive uses.

b. Has low damage potential.

c. Does not increase risks and pose a danger to public health, safety, and welfare if flooded and contents are released, including but not limited to the effects of flooding on manure storage, livestock confinement operations, liquefied natural gas terminals, and production and storage of highly volatile, toxic, or water reactive materials.

d. Complies with the wet floodproofing construction requirements of section 5.52.250.G.2, below.

2. Wet floodproofing construction requirements.

a. Anchored to resist floatation, collapse, and lateral movement.

b. When enclosed by walls, walls have flood openings that comply with the flood opening requirements of ASCE 14, chapter 2.

c. Flood damage-resistant materials are used below the base flood elevation.

d. Mechanical, electrical, and utility equipment are elevated above the base flood elevation plus l foot.

(Ord. No. 2022-05, § 8-3-2022)

A. Violations of the provisions of this chapter by failure to comply with any of its requirements shall constitute a misdemeanor and shall be punishable as described in section 19 of the California Penal Code.

B. The city may bring an action in a court of competent jurisdiction to enjoin a violation of any provisions of this chapter.