§ 36-4. Flood Hazard Prevention.

§ 36-4.1. Statutory Authorization. [Ord. No. 1155, § 36-4.1; Ord. No. 1245-16.]

The Legislature of the State of California has in Government Code Sections 65302, 65560 and 65800

3. Editor's Note: The Summary Chart of Zone Regulations is not contained herein, but can be found on file in the office of the City Clerk.

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City of Oakdale, CA

OAKDALE CITY CODE

§ 36-4.1

§ 36-4.3

conferred upon local government units authority to adopt regulations designed to promote the public health, safety, and general welfare of its citizenry. Therefore, the City of Oakdale does ordain the following finding of fact:

• A. The flood hazard areas of the City of Oakdale 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.

• C. The lands to which this section applies shall be those areas delineated on the Flood Insurance Rate Map (FIRM).

§ 36-4.2. Statement of Purpose. [Ord. No. 1155, § 36-4.2; Ord. No. 1245-16.]

It is the purpose of this section 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 second use and development of areas of special flood hazard so as to minimize future flood blight areas;

• 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.

§ 36-4.3. Methods of Reducing Flood Losses. [Ord. No. 1155, § 36-4.3; Ord. No. 1245-16.]

In order to accomplish its purposes, this section 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 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 water;

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City of Oakdale, CA § 36-4.3

ZONING

§ 36-4.5

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

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

§ 36-4.4. Restrictions. [Ord. No. 1155, § 36-4.4; Ord. No. 1245-16.]

In order to accomplish its purposes, this section includes the following restrictions:

• A. All development will be prohibited in the special flood hazard areas.

• B. The only special flood hazard areas remain located adjacent to and in the watercourse of the Stanislaus River where development is not feasible.

• C. No variances will be issued in the prohibited area.

§ 36-4.5. Definitions. [Ord. No. 1155, § 36-4.5.; Ord. No. 1245-16.]

Unless specifically defined below, words or phrases used in this section shall be interpreted so as to give them the meaning they have in common usage and to give this ordinance its most reasonable application.

• A. APPEAL — A request for a review of the Floodplain Administrator's interpretation of any provision of this section or a request for a variance.

• B. AREA OF SPECIAL FLOOD HAZARDS — See "Special Flood Hazard Area."

• C. BASE FLOOD — The flood having a one (1%) percent change of being equaled or exceeded in any given year (also called the "100-year flood").

• D. BASEMENT — Any area of the building having its floor subgrade - On all sides.

• E. DEVELOPMENT — Any man-made change to improved or unimproved real estate, including but not limited to buildings or other structures, mining, dredging, filling, grading, paving, excavation or drilling operations or storage of equipment or materials.

• F. ENCROACHMENT — The advance or 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.

• G. EXISTING MANUFACTURED HOME PARK OR SUBDIVISION — 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.

• H. EXPANSION TO AN EXISTING MANUFACTURED HOME PARK OR SUBDIVISION — 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).

• I. FLOOD, FLOODING, OR FLOOD WATER — A general and temporary condition or partial or complete inundation of normally dry lands area from: (a) the overflow of inland or tidal waters; the unusual and rapid accumulation or runoff of surface waters from any source and/or mudslides (i.e., mudflows); and/or (b) the condition resulting from flood-related erosion.

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City of Oakdale, CA § 36-4.5

OAKDALE CITY CODE

§ 36-4.5

• J. FLOOD BOUNDARY AND FLOODWAY MAP — The official map on which the Federal Emergency Management Agency or Federal Insurance Administration has delineated both the areas of flood hazards and the floodway.

• K. FLOOD HAZARD ZONE — An area subject to flooding that is delineated as either a special hazard area or an area of moderate or minimal hazard on an official Flood Insurance Rate Map issued by the Federal Emergency Management Agency. The identification of flood hazard zones does not imply that areas outside the flood hazard zones, or uses permitted within flood hazards, will be free from flooding or flood damage.

• L. FLOOD INSURANCE RATE MAP (FIRM) — 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 of premium zones applicable to the community.

• M. FLOOD INSURANCE STUDY — 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.

• N. FLOODPLAIN OR FLOOD-PRONE AREA — Any land area susceptible to being inundated by water from any source (see definition of "flooding").

• O. FLOODPLAIN ADMINISTRATOR — The individual appointed to administer and enforce the floodplain management regulations. The City Community Development Director is hereby appointed to administer, implement, and enforce this section by granting or denying development permits in accord with its provisions.

• P. FLOODPLAIN MANAGEMENT — That operation of an overall program of corrective and preventive measures for reducing flood damage and preserving and enhancing, where possible, natural resources in the floodplain, including but not limited to emergency preparedness plans, flood control works, and floodplain management regulations, and open space plan.

• Q. FLOODPLAIN MANAGEMENT REGULATIONS — This section and other zoning ordinances, subdivision regulations, building codes, health regulations, special purpose ordinances, subdivision regulations, building codes, health regulations, special ordinances (such as grading and erosion control) and other applications of police power which control development in flood prone areas. The term describes Federal, State or local regulations in any combination thereof, which provide standards for the purpose of flood damage prevention and reduction.

• R. FLOOD PROOFING — 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.

• S. FLOOD-RELATED EROSION — The collapse or subsidence of land along the shore of a lake or other body of water as a result of undermining caused by waves or currents of water exceeding anticipated cyclical level or suddenly caused by an unusually high water level in a natural body of water, accompanied by a severe storm, or by an unanticipated force of nature, such as a flash flood or an abnormal tidal surge, or, by some similarly unusually and unforeseeable event which results in flooding.

• T. FLOODWAY — 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 (1) foot. Also referred to as "regulatory floodway."

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City of Oakdale, CA § 36-4.5

ZONING

§ 36-4.5

• U. GOVERNING BODY — 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.

• V. HISTORIC STRUCTURE — 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 on a State inventory of historic places in states with historic preservationprograms 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 State program as determined by the Secretary of the Interior or directly by the Secretary of the Interior in states without approved programs.

• W. LOWEST FLOOR — The lowest floor of the lowest enclosed area, including basement (see "Basement" definition).

• X. MANUFACTURED HOME — 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 one hundred eighty (180) consecutive days.

• Y. MANUFACTURED HOME PARK OR SUBDIVISION — A parcel (or contiguous parcels) of land divided into two (2) or more manufactured home lots for sale or rent.

• Z. 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.

• AA. MEAN SEA LEVEL — For purposes of the National Flood Insurance Program, the National Geodetic Vertical Datum (NGVD) of 1929 or other datum, to which base flood elevation shown on a community's Flood Insurance Rate Map are referenced.

• BB. NEW MANUFACTURED HOME PARK OR SUBDIVISION — 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

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City of Oakdale, CA § 36-4.5

OAKDALE CITY CODE

§ 36-4.5

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.

• CC. NEW CONSTRUCTION — 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 and includes any subsequent improvements to such structure.

• DD. 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.

• EE. ONE HUNDRED YEAR FLOOD OR 100-YEAR FLOOD — 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 section.

• FF. PERSON — 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.

• GG. RECREATIONAL VEHICLE — A vehicle which is: (a) built on a single chassis; (b) four hundred (400) square feet or less when measured at the largest horizontal projection; (c) designed to be selfpropelled or permanently towable by a light-duty truck; and (d) designed primarily not for use as a permanent dwelling but as temporary living quarters for recreational, camping, travel, or seasonal use.

• HH. REMEDY A VIOLATION — 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 damage, implementing the enforcement provisions of this section or otherwise deterring future similar violations, or reducing Federal financial exposure with regard to the structure or other development.

• II. RIVERLINE — Relating to, formed by, or resembling a river (including tributaries), stream, brook, etc.

• JJ. SPECIAL FLOOD HAZARD AREA (SFHA) — An area having special flood or flood-related erosion hazards, and shown on an FHBM or FIRM as Zone A, AO, A1-30, AE, A99, AH.

• KK. STRUCTURE — A walled and roofed building, including a gas or liquid storage tank that is principally above ground, as well as a manufactured home.

• LL. START OF CONSTRUCTION — Includes substantial improvement and other proposed new development and means the date the building permit was issued, provided the actual start of construction, repair, reconstruction, rehabilitation, addition, placement, or other improvement was within one hundred eighty (180) days from the date of the permit. The actual start means either the first placement of permanent construction of a structure on a site, such as the pouring of slab or footings, the installation of piles, the construction of columns, or any work beyond the stage of excavation; or the placement of a manufactured home of 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

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City of Oakdale, CA § 36-4.5

ZONING

§ 36-5.2

foundations or the erection of temporary forms; nor does it include the installation on the property of accessory buildings, such as garages or sheds not occupied as dwelling units or not part of the main structure. For a substantial improvement, the actual start of construction means the first alteration of any wall, ceiling, floor, or other structure part of a building, whether or not that alteration affects the external dimensions of the building.

• MM. SUBSTANTIAL DAMAGE — Damage of any origin sustained by a structure whereby the cost of restoring the structure to its before damaged condition would equal or exceed fifty (50%) percent of the market value of the structure before the damage occurred.

• NN. SUBSTANTIAL IMPROVEMENT — Any reconstruction, rehabilitation, addition, or other proposed new development of a structure, the cost of which equals or exceeds fifty (50%) percent of the market value of the structure before the "start of construction" of the improvement. This term includes structures which have incurred "substantial damage," regardless of the actual repair work performed. This term does not, however, include either: (a) any project for improvement of a structure to correct existing violations or State or local health, sanitary, or safety code specifications which have been identified by the local Code Enforcement Official and which are the minimum necessary to assure safe living conditions: (b) any alteration of a "historic structure," provided that the alteration will not preclude the structure's continued designation as a "historic structure."

• OO. VIOLATION — 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 section is presumed to be in violation until such time as that documentation is provided.

• PP. WATER SURFACE ELEVATION — 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 river in areas.

• QQ. WATERCOURSE — 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.

Development of land, including but not limited to development agreements, tentative subdivision maps, parcel maps, discretionary approvals and ministerial approvals for residential units, shall not be approved unless the applicable findings required in § 36-31 have been made.