Lincoln Municipal Code Art. VI Floodplain Management Findings

The city council shall not approve the execution of a development agreement for a property that is located within a flood hazard zone unless the city council finds, based on substantial evidence in the record, one of the following:

(1) The facilities of the state plan of flood control or other flood management facilities protect the property to the urban level of flood protection in urban and urbanizing areas or the national Federal Emergency Management Agency standard of flood protection in nonurbanized areas;

(2) The city has imposed conditions on the development agreement that will protect the property to the urban level of flood protection in urban and urbanizing areas or the national Federal Emergency Management Agency standard of flood protection in nonurbanized areas;

(3) The local flood management agency has made adequate progress (as defined in California Government Code Section 65007) on the construction of a flood protection system that will result in flood protection equal to or greater than the urban level of flood protection in urban or urbanizing areas or the national Federal Emergency Management Agency standard of flood protection in nonurbanized areas for property located within a flood hazard zone, intended to be protected by the system;

(4) The property in an undetermined risk area has met the urban level of flood protection;

(5) The property is located in an area of potential flooding of three feet or less from sources other than local drainage or potential flooding from local drainage that meets the criteria of the national Federal Emergency Management Agency standard of flood protection; or

(6) The property is located within a watershed with a contributing area of ten or fewer square miles, as determined by the city.

(Ord. No. 913B, § 3(Exh. A), 6-28-2016)

The decision-maker, as designated in Title 18, shall not approve a discretionary permit or other discretionary entitlement that would result in the construction of a new building or construction that would result in an increase in allowed occupancy for an existing building, or a ministerial permit that would result in the construction of a new residence, for a project that is located within a flood hazard zone unless the decision-maker finds, based on substantial evidence in the record, one of the following:

(1) The facilities of the state plan of flood control or other flood management facilities protect the property to the urban level of flood protection in urban and urbanizing areas or the national Federal Emergency Management Agency standard of flood protection in nonurbanized areas;

(2) The city has imposed conditions on the permit or discretionary entitlement that will protect the project to the urban level of flood protection in urban and urbanizing areas or the national Federal Emergency Management Agency standard of flood protection in nonurbanized areas;

(3) The local flood management agency has made adequate progress (as defined in California Government Code Section 65007) on the construction of a flood protection system that will result in flood protection equal to or greater than the urban level of flood protection in urban or urbanizing areas or the national Federal Emergency Management Agency standard of flood protection in nonurbanized areas for property located within a flood hazard zone, intended to be protected by the system;

(4) The property in an undetermined risk area has met the urban level of flood protection based on substantial evidence in the record;

(5) The property is located in an area of potential flooding of three feet or less from sources other than local drainage or potential flooding from local drainage that meets the criteria of the national Federal Emergency Management Agency standard of flood protection; or

(6) The property is located within a watershed with a contributing area of ten or fewer square miles, as determined by the city.

(Ord. No. 913B, § 3(Exh. A), 6-28-2016)

The decision-maker, as designated in Title 18, shall not approve a tentative map, or a parcel map for which a tentative map is not required, for a subdivision that is located within a flood hazard zone unless the decision-maker finds, based on substantial evidence in the record, one of the following:

(1) The facilities of the state plan of flood control or other flood management facilities protect the subdivision to the urban level of flood protection in urban and urbanizing areas or the national Federal Emergency Management Agency standard of flood protection in nonurbanized areas;

(2) The city has imposed conditions on the subdivision that will protect the project to the urban level of flood protection in urban and urbanizing areas or the national Federal Emergency Management Agency standard of flood protection in nonurbanized areas;

(3) The local flood management agency has made adequate progress (as defined in California Government Code Section 65007) on the construction of a flood protection system which will result in flood protection equal to or greater than the urban level of flood protection in urban or urbanizing areas or the national Federal Emergency Management Agency standard of flood protection in nonurbanized areas for property located within a flood hazard zone, intended to be protected by the system;

(4) The property in an undetermined risk area has met the urban level of flood protection based on substantial evidence in the record;

(5) The property is located in an area of potential flooding of three feet or less from sources other than local drainage or potential flooding from local drainage that meets the criteria of the national Federal Emergency Management Agency standard of flood protection; or

(6) The property is located within a watershed with a contributing area of ten or fewer square miles, as determined by the city.

(Ord. No. 913B, § 3(Exh. A), 6-28-2016)

The decision-maker specified in Title 18 must make one of the findings in Title 15, Chapter 15.32, Article VI prior to approving any of the following for construction or development within a flood hazard zone:

(1) A development agreement;

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

(3) A ministerial permit that would result in the construction of a new residence; or

(4) A tentative map, or a parcel map for which a tentative map is not required, for a subdivision.

(Ord. No. 913B, § 3(Exh. A), 6-28-2016)