Lodi Municipal Code Art. II Administration

The public works director is hereby appointed to administer, implement, and enforce this chapter by granting or denying development permits in accord with its provisions.

(Ord. No. 1979, § 1, 10-21-2020)

The duties and responsibilities of the floodplain administrator shall include, but not be limited to the following:

A. Permit Review. Review all development permits to determine:

1. Permit requirements of this chapter have been satisfied, including determination of substantial improvement and substantial damage of existing structures;

2. All other required state and federal permits have been obtained;

3. The site is reasonably safe from flooding;

4. 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. This means that the cumulative effect of the proposed development when combined with all other existing and anticipated development will not increase the water surface elevation of the base flood more than one foot at any point within the city of Lodi;

5. All letters of map revision (LOMR's) for flood control projects are approved prior to the issuance of building permits. Building permits must not 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.

B. Development of Substantial Improvement and Substantial Damage Procedures.

1. Using FEMA publication FEMA 213, "Answers to Questions About Substantially Damaged Buildings," develop detailed procedures for identifying and administering requirements for substantial improvement and substantial damage, to include defining "market value."

2. Assure procedures are coordinated with other departments/divisions and implemented by city staff.

C. Review, Use, and Development of Other Base Flood Data. When base flood elevation data has not been provided in accordance with Section 15.60.070, the floodplain administrator shall obtain, review, and reasonably utilize any base flood elevation and floodway data available from a federal or state agency, or other source, in order to administer Article III, Provisions for Flood Hazard Reduction.

NOTE: A base flood elevation may be obtained using one of two methods from the FEMA publication, FEMA 265, "Managing Floodplain Development in Approximate Zone A Areas - A Guide for Obtaining and Developing Base (100-year) Flood Elevations," dated July 1995.

D. Two Hundred Year Flood Zone Determination. Review development applications to determine whether a proposed project is within the two hundred year floodplain. No development or physical changes requiring a development permit required by this Title shall be allowed within the two hundred year floodplain unless it has first met one or more of the following findings; these findings shall be made by the floodplain administrator.

1. The project has an urban level of flood protection from flood management facilities that is not reflected in the most recent map of the two hundred year floodplain;

2. Conditions imposed on the project will provide for an urban level of flood protection;

3. Adequate progress has been made toward construction of a flood protection system to provide an urban level of flood protection for the project, as indicated by the Central Valley Flood Protection Board for State projects, or by the floodplain administrator for local projects; or

4. The project is a site improvement that would not result in the development of a new habitable structure and would not increase risk of damage to neighboring development or alter the conveyance area of a watercourse in the case of a flood.

E. Allowable Land Uses, -F200 Overlay District. Nothing in this subsection is intended to authorize a use not otherwise allowed in the primary zoning district with which the -F200 overlay district is combined.

F. Exempt Projects, -F200 Overlay District. Site improvements that would not result in the development of a new habitable structure and would not increase risk of damage to neighboring development or alter the conveyance area of a watercourse in the case of a flood are exempt from the restrictions of the -F200 overlay district. Improvements that qualify for this exemption include, but are not limited to, the replacement or repair of a damaged or destroyed habitable structure with substantially the same building footprint area; interior repairs or remodels to existing structures; additions to existing residential dwellings; new non-habitable structures or repairs or remodels to non-habitable structures including, but not limited to landscape features, detached garages, and pools and spas.

G. Notification of Other Agencies.

1. Alteration or relocation of a watercourse:

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.

2. Base flood elevation changes due to physical alterations:

a. Within six months of information becoming available or project completion, whichever comes first, the floodplain administrator shall submit or assure that the permit applicant submits technical or scientific data to FEMA for a letter of map revision (LOMR).

b. All LOMR's for flood control projects are approved prior to the issuance of building permits. Building permits must not 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 of those physical changes affecting flooding conditions, risk premium rates and floodplain management requirements are based on current data.

3. Changes in corporate boundaries:

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 corporate limits.

H. Documentation of Floodplain Development. Obtain and maintain for public inspection and make available, as needed the following:

1. Certification required by Section 15.60.180(C)(1) and Section 15.60.210 (lowest floor elevations);

2. Certification required by Section 15.60.180(C)(2) (elevation or floodproofing of nonresidential structures);

3. Certification required by Section 15.60.180(C)(3) (wet floodproofing standard);

4. Certification of elevation required by Section 15.60.200(A)(3) (subdivisions and other proposed development standards);

5. Certification required by Section 15.60.230(B) (floodway encroachments); and

6. 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 Emergency Management Agency.

I. Map Determination. 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 15.60.260.

J. Remedial Action. Take action to remedy violations of this chapter as specified in Section 15.60.080.

K. Biennial Report. Complete and submit biennial report to FEMA.

L. Planning. Assure community's general plan is consistent with floodplain management objectives herein.

(Ord. No. 1979, § 1, 10-21-2020)

No structure or land shall, after the effective date of the ordinance codified in this chapter, be located, extended, converted or altered within the -F100 overlay district without full compliance with the terms of this chapter, and without having first received a development or construction permit in accordance with the provisions of this title and, for developments requiring use permits, with the provisions of this code Sections 17.72.040 through 17.72.110. Development permit applications shall be reviewed by the community development director and the requirements of this chapter enforced in accordance with this code Sections 17.87.060 through 17.87.090.

A development permit shall be obtained before any construction or other development, including manufactured homes, within any area of special flood hazard established in Section 15.60.070. Application for a development permit shall be made on forms furnished by the city of Lodi. The applicant shall provide the following minimum information:

A. Plans in duplicate, drawn to scale, showing:

1. Location, dimensions, and elevation of the area in question, existing or proposed structures, storage of materials and equipment and their location;

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

3. Grading information showing existing and proposed contours, any proposed fill, and drainage facilities;

4. Location of the regulatory floodway when applicable;

5. Base flood elevation information as specified in Section 15.60.070 or Section 15.60.130(C);

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

7. Proposed elevation in relation to mean sea level to which any nonresidential structure will be floodproofed, as required in Section 15.60.180(C)(2) of this chapter and detailed in FEMA Technical Bulletin TB 3-93.

B. Certification from a registered civil engineer or architect that the nonresidential floodproofed building meets the floodproofing criteria in Section 15.60.180(C)(2).

C. For a crawl-space foundation, location and total net area of foundation openings as required in Section 15.60.180(C)(3) of this chapter and detailed in FEMA Technical Bulletins 1-93 and 7-93.

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

E. All appropriate certifications listed in Section 15.60.130(E) of this chapter.

(Ord. No. 1979, § 1, 10-21-2020)

The following uses are permitted in the -F100 overlay district without a use permit where modification or removal of native vegetation, including trees, is not required:

A. Agriculture;

B. Open space agricultural uses not requiring a closed building such as cropland, orchards, and livestock feeding and grazing;

C. The storage of farm machinery which is readily removable from the area within the time available after a flood warning;

D. Recreational; firmly anchored recreational floating docks;

E. Modification of native vegetation: Where modification or removal of native vegetation is required, such modification or removal may be permitted after obtaining a development permit consisting of written approval from the community development director; provided, that such proposed modifications in the floodplain have been found to be consistent with the open space conservation element of the general plan.

(Ord. No. 1979, § 1, 10-21-2020)

The following uses may be permitted in the -F100 overlay district after approval of a conditional use permit by the city and after approval by the state department of fish and game and the reclamation board of the state; provided, that as determined by said reclamation board, a combination of such uses within the floodplain does not materially increase the flood height of the intermediate regional floodplain; and provided further, that as determined by the state department of fish and game, full mitigation measures will be used to protect and enhance the trees, native plant materials and wildlife in the floodplain, in accordance with good fish and game practices and in accordance with the general standards listed under Article III, "Provisions for Flood Hazard Reduction," of this chapter:

A. Residential dwellings on existing undeveloped lots in subdivisions approved before January 1, 1977;

B. Outdoor recreational facilities:

Campgrounds

Boating facilities

Parks

Golf courses or driving ranges

Athletic fields

Shooting ranges

C. Fences, fills, walls, excavations, or other appurtenances which do not constitute an obstruction or debris-catching obstacle to the passage of floodwaters, and which are consistent with the open space-conservation element policies;

D. Private drives, bridges, and public utility wires and pipelines for transmission and distribution;

E. Improvements in stream channel alignment, cross-section and capacity, including modification of riverbank and flood protection levees;

F. Structures that are designed to have a minimum effect upon the flow of water and are firmly anchored to prevent the structure from flotation (excepting floating docks); provided, that no structures for human habitation is permitted;

G. Other similar uses of a type not appreciably damaged by floodwaters.

(Ord. No. 1979, § 1, 10-21-2020)

In the areas of special flood hazard 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.

(Ord. No. 1979, § 1, 10-21-2020)