Monterey Municipal Code Art. 7 Flood Damage Prevention

9-67.1. Statutory Authorization.The Legislature of the State of California has in Government Code Sections 65302, 65560, and 65800 conferred upon local government units authority to adopt regulations designed to promote the public health, safety, and general welfare of its citizenry.

9-67.2. Findings of Fact.

A.The flood hazard areas of the City of Monterey are subject to periodic inundation which results in loss of life and property, health and safety hazards, disruption of commerce and governmental services, extraordinary public expenditures for flood protection and relief, and impairment of the tax base, all of which adversely affect the public health, safety and general welfare.

B.These flood losses are caused by the cumulative effect of obstructions in areas of special flood hazards which increase flood heights and velocities, and when inadequately anchored, damage uses in other areas. Uses that are inadequately floodproofed, elevated or otherwise protected from flood damage also contribute to the flood loss.

9-67.3. Statement of Purpose.It is the purpose of this ordinance 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 sound use and development of areas of special flood hazard so as to minimize future flood blighted areas caused by flood damage;

G.to insure that potential buyers are notified that property is in an area of special flood hazard; and

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

9-67.4. Methods of Reducing Flood Losses.In order to accomplish its purposes, this ordinance 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 or in flood heights or velocities;

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

C.controlling the alteration of natural floodplains, 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 ordinance shall be interpreted so as to give them the meaning they have in common usage and to give this ordinance its most reasonable application.

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

“Alluvial fan” means a geomorphologic feature characterized by a cone or fan-shaped deposit of boulders, gravel and fine sediments that have been eroded from mountain slopes, transported by flood flows, and then deposited on the valley floors, and which is subject to flash flooding, high velocity flows, debris flows, erosion, sediment movement and deposition, and channel migration.

“Apex” means the point of highest elevation on an alluvial fan, which on undisturbed fans is generally the point where the major stream that formed the fan emerges from the mountain front.

“Appeal” means a request for a review of the Floodplain Administrator’s interpretation of any provision of this ordinance.

“Area of shallow flooding” means a designated A0 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.

“Area of special flood hazard” - See “Special flood hazard area”.

“Area of special flood-related erosion hazard” is the land within a community which is most likely to be subject to severe flood-related erosion losses. The area may be designated as Zone E on the Flood Insurance Rate Map (FIRM).

“Area of special mudslide (i.e. mudflow) hazard” is the area subject to severe mudslides (i.e., mudflows). The area is designated as Zone M on the Flood insurance Rate Map (FIRM).

“Base flood” means the flood having a one percent chance of being equaled or exceeded in any given year (also called the “1 00-year flood”).

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

“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 is not part of the structural support of the building and which is 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 twenty 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.

“Building” - see “Structure”.

“Coastal high hazard area” means the area subject to high velocity waters, including coastal and tidal inundation or tsunamis. The area is designated on a Flood Insurance Rate Map (FIRM) as Zone Vl-V30.

“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.

“Encroachment” means the advance of infringement of uses, plant growth, fill, excavation, buildings, permanent structures or development into a floodplain which may impede or alter the flow capacity of a floodplain.

“Existing manufactured home park or subdivision” means a manufactured home park or subdivision for which the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including, at a minimum, the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads) is completed before the effective date of the floodplain management regulations adopted by a community.

“Expansion to an existing manufactured home park or subdivision” means the preparation of additional sites by the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads).

“Flood” or “flooding” means a general or 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 of 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 erosion or 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 flash flood or an abnormal tidal surge, or by some similarly unusual and unforeseeable event which results in flooding as defined in this definition.

“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.

“Flood Insurance Rate Map (FIRM)” means the official map on which the Federal Emergency Management Agency or Federal Insurance Administration has delineated both the areas of special flood hazards and the risk premium zones applicable to the community.

“Flood Insurance Study” means the official report provided by the Federal Insurance Administration that includes flood profiles, the FIRM, the Flood Boundary and Floodway Map, and the water surfaces elevation of the base flood.

“Floodplain or flood-prone area” means any land area susceptible to being inundated by water from any source (see definition of “flooding”).

“Floodplain Administrator” is the individual appointed to administer and enforce the floodplain management regulations. -

“Floodplain management” means the operation of an overall program of corrective and preventive measures for reducing flood damage, including but not limited to emergency preparedness plans, flood controls works and floodplain management regulations.

“Floodplain management regulations” means zoning ordinances, subdivision regulations, building codes, health regulations, special purpose ordinances (such as floodplain ordinance, grading ordinance and erosion control ordinance) and other applications of police power. The term describes such state or local regulations in any combination thereof, which provide standards for the purpose of flood damage prevention and reduction.

“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.

“Floodway” means the channel of a river or other watercourse and the adjacent land areas that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation more than one foot. Also referred to as “Regulatory floodway”. (Note: Monterey does not have a designated floodway.)

“Floodway fringe” is that area of the floodplain on either side of the “Regulatory Floodway” where encroachment may be permitted.

“Fraud and victimization” as related to Section 9-72, Variances, of this ordinance, means that the variance granted must not cause fraud on or victimization of the public. In examining this requirement, the City of Monterey 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, but does not include long-term storage or related manufacturing facilities.

“Governing body” is the local governing unit, i.e. county or municipality, that is empowered to adopt and implement regulations to provide for the public health, safety and general welfare of its citizenry.

“Hardship” as related to Section 9-72, Variances, of this ordinance means the exceptional hardship that would result from a failure to grant the requested variance. The City of Monterey requires that the variance be exceptional, unusual, and peculiar to the property involved. Mere economic or financial hardship alone is not exceptional. Inconvenience, aesthetic considerations, physical handicaps, personal preferences, or the disapproval of one’s neighbors likewise cannot, as a rule, qualify as an exceptional hardship. All of these problems can be resolved through other means without granting a variance, even if the alternative is more expensive, or requires the property owner to build elsewhere or put the parcel to a different use than originally intended.

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

“Historic structure” means any structure that is:

1.listed individually in the national Register of Historic Places (a listing maintained by the Department of Interior) or preliminarily determined by the Secretary of the Interior as meeting the requirements for individual listing on the National Register;

2.certified or preliminarily determined by the Secretary of the interior as contributing to the historical significance of a registered historic district or a district preliminarily determined by the Secretary to qualify as a registered historic district.

3.Individually listed in the California Register and Historical Resources.

4.Individually designated City of Monterey H-i Landmark or H-2 City Historic Resource.

“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).

1.An unfinished or 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 in violation of the applicable non-elevation design requirements of this ordinance, including, but not limited to:

a.the wet floodproofing standard in Section 9-71.1 C.3.

b.the anchor standards in Section 9-71.1.A.

c.the construction materials and methods standards in Section 9-71.1.B

d.the standards for utilities in Section 9-71.2.

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.

“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 connected to the required utilities. For floodplain 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.

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

“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.

“Mean sea level” means, for purposes of the National Flood Insurance Program, the National Geodetic Vertical Datum (NGVD) of 1929 or other datum, to which base flood elevations shown on a community’s Flood Insurance Rate Map are referenced.

“Mudslide” describes a condition where there is a river flow or inundation of liquid mud down a hillside, usually as a result of a dual condition of loss of brush cover and the subsequent accumulation of water on the ground, preceded by a period of unusually heavy or sustained rain.

“Mudslide (i.e. mudflow) prone area” means an area with land surfaces and slopes of unconsolidated material where the history, geology, and climate indicate a potential for mudflow.

“New construction” means, for floodplain management purposes, structures for which the “start of construction” commenced on or after the effective date of a floodplain management regulation adopted by this community.

“New manufactured home park or subdivision” means a manufactured home park or subdivision for which the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including at a minimum, the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads) is completed on or after the effective date of floodplain management regulations adopted by this community.

“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” means a flood which has a one percent annual probability of being equaled or exceeded. It is identical to the “base flood”, which will be the term used throughout this ordinance.

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

“Primary frontal dune” means a continuous or nearly continuous mound or ridge of sand with relatively steep seaward and landward slopes immediately landward and adjacent to the beach and subject to erosion and overtopping from high tides and waves during major coastal storms. The inland limit of the primary frontal dune occurs at the point where there is a distinct change from a relatively mild slope.

“Public safety and nuisance” as related to Section 9-72, Variances, of this ordinance means that the granting of a variance must not result in anything which is injurious to safety or health of an entire community or neighborhood, or any considerable number of persons, or unlawfully obstructs the free passage or use, in the customary manner, of any navigable lake or river, bay, stream, canal, or basin.

“Recreational vehicle” means a vehicle which is:

1.Built on a single chassis:

2.400 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 for use not 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 reserved in order to discharge the base flood without cumulatively increasing the water surface elevation more than one foot.

“Remedy a violation” means to bring the structure or other development into compliance with State or local floodplain management regulations or, if this is not possible, to reduce the impacts of its noncompliance. Ways that impacts may be reduced include protecting the structure or other affected development from flood damages, implementing the enforcement provisions of the ordinance or otherwise deterring future similar violations, or reducing Federal financial exposure with regard to the structure or other development.

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

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

“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, AO, A1-30, AH, or Vl-V30.

“Start of construction” includes substantial improvement, and means the date the building permit was issued, provided the actual start of the construction, repair, reconstruction, placement, or other improvement was within 180 days of the permit date. The actual start date 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 as part of the main structure.

“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.

“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 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 purposes 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 alterations of a structure listed on the National Register of Historical Places or a State Inventory of Historic Places.

“V-zone” see “Coastal hazard area.”

“Variance” means a grant of relief from the requirements of this ordinance which permits construction in a manner that would otherwise be prohibited by this ordinance.

“Violation” means the failure of a structure or other development to be fully compliant with the community’s floodplain management regulations. 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.

“Water surface elevation” means the height, in relation to the National Geodetic Vertical Datum (NGVD) of 1929 (or other datum, where specified) of floods of various magnitudes and frequencies in the floodplains of coastal or riverine areas.

“Watercourse” means a lake, river, creek, stream, wash, arroyo, channel or other topographic feature on or over which waters flow at least periodically. Watercourse includes specifically designated areas in which substantial flood damage may occur.

9-69.1. Lands to Which This Ordinance Applies.This ordinance shall apply to all areas of special flood hazards within the jurisdiction of the City of Monterey.

9-69.2. Basis for Establishing the Areas of Special Flood Hazard.The areas of special flood hazard, identified by the Federal Emergency Management Agency or the Federal Insurance Administration in a scientific and engineering report entitled “Flood Insurance Study for the City of Monterey,” dated June 17, 1986, 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 ordinance. The Flood Insurance Study is on file at the City of Monterey Building and Safety Division. This Flood Insurance Study 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 Planning Commission by the Floodplain Administrator.

9-69.3. Compliance.No structure or land shall hereafter be constructed, located, extended, converted, or altered without full compliance with the terms of this ordinance and other applicable regulations. Violations of the provisions of this ordinance by failure to comply with any of its requirements (including violations of conditions and safeguards established in connection with conditions) shall constitute a misdemeanor. Nothing herein shall prevent the Planning Commission from taking such lawful action as is necessary to prevent or remedy any violation.

9-69.4. Abrogation and Greater Restrictions.This ordinance is not intended to repeal, abrogate, or impair any existing easements, covenants, or deed restrictions. However, where this ordinance and another ordinance, easement, covenant, or deed restriction conflict or overlap, whichever imposes the more stringent restrictions shall prevail.

9-69.5. Interpretation.In the interpretation and application of this ordinance, 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.

9-69.6. Warning and Disclaimer of Liability.The degree of flood protection required by this ordinance 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 ordinance 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 ordinance shall not create liability on the part of the City of Monterey, any officer or employee thereof, or the Federal Insurance Administration, for any flood damages that result in reliance on this ordinance or any administrative decision lawfully made thereunder. (Ord. 3653 § 4, 2022; Ord. 3424 § 1, 2009)

9-70.1. Establishment of Development Permit.A Development Permit shall be obtained before construction or development begins within any area of special flood hazards established in Section 9-69. Application for a Development Permit shall be made on forms furnished by the Floodplain Administrator and may include, but not be limited to, plans prepared by a registered civil engineer in duplicate drawn to scale showing the nature, location, dimensions, and elevation of the area in question; existing or proposed structures, fill, storage of materials, drainage facilities; and the location of the foregoing. Specifically, the following information is required:

A.Site plan, including but not limited to:

1.Proposed elevation in relation to mean sea level (by licensed surveyor) of the lowest floor (including basement) of all structures; in Zone A0 elevation of highest adjacent grade and proposed elevation of lowest floor of all structures;

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

3.For all proposed structures, spot ground elevations at building corners and 20-foot or smaller intervals along the foundation footprint, or one-foot contour elevations throughout the building site; and

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

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

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

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

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

2.for a crawl-space foundation, location and total net area of foundation openings as required in Section 9-71.1.C.3 of this ordinance and FEMA Technical Bulletins 1-93 and 7-93; and

3.for foundations placed on fill, the location and height of fill, and compaction requirements (compacted to 95 percent using the Standard Proctor Test method); and

C.proposed elevation in relation to mean sea level to which any nonresidential structure will be floodproofed, as required in Section 9-71.1.C.2 of this ordinance and FEMA Technical Bulletin TB 3-93; and

D.all appropriate certification listed in Section 9-70.3.D of this ordinance; and

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

9-70.2. Designation of the Floodplain Administrator.The Chief of Inspection Services/Building Official is hereby appointed to administer and implement this ordinance by granting or denying development permits in accordance with its provisions.

9-70.3. Duties and Responsibilities of the Floodplain Administrator.The duties and responsibilities of the Floodplain Administrator shall include, but not be limited to:

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

1.review all development permits to determine that the permit requirements of this ordinance have been satisfied;

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. For purposes of this ordinance, “adversely affects” means that the cumulative effect of the proposed development when combined with all other existing and anticipated development will increase the water surface elevation of the base flood more than one foot at any point.

B. Use of Other Base Flood Data.

1.When base flood elevation data has not been provided in accordance with Section 9-69.2, the applicant shall obtain, review, and reasonably utilize any base flood elevation and floodway data available from a Federal, State or other source, in order to administer Section 9-71. Any such information shall be submitted to the Planning Commission for adoption and the Flood Administrator shall reasonably utilize said information; or

2.If no base flood elevation data is available from a federal or state agency or other source, then a base flood elevation shall be obtained using one of two methods from the FEMA publication “Managing Floodplain Development in Approximate Zone A Areas - A Guide for Obtaining and Developing Base (100-year) Flood Elevations” dated July 1995 in order to administer Section 9-71:

(a)Simplified method:

i.100 year or base flood discharge shall be obtained using the U.S. Army Corps of Engineers’ HEC-HMS computer program; and

ii.base flood elevation shall be obtained using the U.S. Army Corps of Engineer’s HEC-RAS computer program.

(b)Detailed method:

i.100 year or base flood discharge shall be obtained using the U.S. Army Corps of Engineers’ HEC-HMS computer program; and

ii.base flood elevation shall be obtained using the U.S. Army Corps of Engineers’ HEC-RAS computer program.

C. Alteration of Watercourse.Whenever a watercourse is to be altered or relocated:

1.Notify adjacent communities and the California Department of Water Resources prior to any alteration or relocation of a watercourse, and submit evidence of such notification to the Federal Insurance Administration;

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

D. Information to be Obtained and Maintained.Obtain and maintain for public inspection and make available as needed:

1.the certification required in Section 9-71.1.C.1 and Section 9-71.4 (lowest floor elevations);

2.the certification required in Section 9-71.1.C.2 (elevations or floodproofing of nonresidential structures);

3.the certification required in Section 9-71.1.C.3 (elevation or floodproofing of nonresidential structures);

4.the certification required in Section 9-71.1.C.4(a) or Section 9-71.1.C.4(b) (wet floodproofing standard);

5.the certified elevation required in Section 9-71.3 (subdivision standards);

6.the information required in Section 9-71.5 (coastal construction standards).

E. Interpretation of FIRM Boundaries.Make interpretations, where needed, as to the exact location of the boundaries of the areas of special flood hazards, areas of flood-related erosion hazards or areas of mudslide (i.e., mudflow) (for example, where there appears to be a conflict between a mapped boundary and actual field conditions, grade and base flood elevations shall be used to determine the boundaries of the special flood hazard area). The person contesting the location of the boundary shall be given a reasonable opportunity to appeal the interpretation as provided in Section 9-72.

F. Act to Remedy Violations.Take action to remedy violations of this ordinance as specified in Section 9-69.3 herein.

9-70.4. Appeals.The Planning Commission of the City of Monterey shall hear and decide appeals when it is alleged there is an error in any requirement, decision, or determination made by the Floodplain Administrator in the enforcement or administration of this ordinance. (Ord. 3653 § 4, 2022; Ord. 3472 § 1, 2012; Ord. 3424 § 1, 2009)

9-72.1. Nature of Variances.The variance criteria set forth in this section of the ordinance 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 ordinance would create an exceptional hardship to the applicant or the surrounding property owners. The characteristics must be unique to the property and not be shared by adjacent parcels. The unique characteristic must pertain to the land itself, not to the structure, its inhabitants, or the property owners.

It is the duty of the City of Monterey to help protect its citizens from flooding. This need is so compelling and the implications of the cost of insuring a structure built below flood level are so serious that variances from the flood elevation or from other requirements in the flood ordinance are quite rare. [The long term goal of preventing and reducing flood loss and damage can only be met if variances are strictly limited. Therefore, the variance guidelines provided in this ordinance 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.

9-72.2. Appeal Board.

9-72.2.1.The Planning Commission of the City of Monterey shall hear and decide appeals and requests for variances from the requirements of this ordinance.

9-72.2.2.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 Floodplain Administrator in the enforcement or administration of this ordinance.

9-72.2.3.In passing upon such applications, the Planning Commission shall consider all technical evaluations, all relevant factors, standards specified in other sections of this ordinance, and:

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

2.the danger to 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 floodplain management program for that area;

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

10.the expected heights, velocity, duration, rate of rise, and sediment transport of the flood waters and the effects of wave action where if applicable 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.

9-72.2.4.Any applicant to whom a variance is granted shall be given written notice over the signature of a community official that:

1.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

2.such construction below the base flood level increases risks to life and property. It is recommended that a copy of the notice shall be recorded by the Floodplain Administrator in the Office of the Monterey County Recorder and shall be recorded in a manner so that it appears in the chain of title of the affected parcel of land.

9-72.2.5.The Floodplain 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.

9-72.2.6.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 items Section 9-72.2.3(1) through Section 9-72.2.3(11) have been fully considered. As the lot size increases beyond the one-half acre, the technical justification required for issuing the variance increases.

9-72.2.7.Upon consideration of the factors in Section 9-72.2.3 and the purpose of this ordinance, the Planning Commission may attach such conditions to the granting of variances as it deems necessary to further the purposes of this ordinance.

9-72.2.8.The Floodplain Administrator shall maintain the records of all appeal actions and report any variances to the Federal Insurance Administration upon request.

9-72.3. Conditions for Variances.

A.Variances may be issued for the reconstruction, rehabilitation or restoration of structures listed on the National Register of Historical 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. “Minimum necessary” means to afford relief with a minimum of deviation from the requirements of this ordinance. For example, in the case of variances to an elevation requirement, this means the City Council 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 Planning Commission believes will both provide relief and preserve the integrity of the local ordinance.

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 with 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 Section 9-72.2.1 through Section 9-72.2.3 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 by the Floodplain Board in the office of the Monterey 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.Upon consideration of the factors of Section 9-72.2.3 and the purposes of this ordinance, the City of Monterey may attach such conditions to the granting of variances as it deems necessary to further the purposes of this ordinance.”