Article IV — PROVISIONS FOR FLOOD HAZARD REDUCTION

18-35. Standards of construction

18-36. Standards for utilities

18-37. Standards for subdivisions

18-37.1. Standards for manufactured homes

18-37.2. Standards for recreational vehicles

18-38. Floodways

18-39. Coastal high hazard areas

18-40. Flood-related erosion-prone area

ARTICLE I. GENERAL PROVISIONS

SEC. 18-1. PURPOSE.

(A) This chapter is adopted pursuant to the authority conferred by Cal. Gov't Code sections 65302, 65560 and 65800 to adopt regulations designed to promote the public health, safety and general welfare.

(B) The City Council finds as follows:

(1) The flood hazard areas of the city 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 tax base, all of which adversely affect the public health, safety and general welfare.

(2) These flood losses are caused by uses that are inadequately elevated, flood proofed or protected from flood damage. The cumulative effect of obstructions in

areas of special flood hazards that increase flood heights and velocities also contribute to the flood loss.

(C) The purpose of this chapter is to promote public health, safety and general welfare, and to minimize public and private losses due to flood conditions in specific areas by provisions designed to:

(1) Protect human life and health;

(2) Minimize expenditure of public money for costly flood control projects;

(3) Minimize the need for rescue and relief efforts associated with flooding and generally undertaken at the expense of the general public;

(4) Minimize prolonged business interruptions;

(5) Minimize damage to public facilities and utilities such as water and gas mains; electric, telephone and sewer lines; and streets and bridges located in areas of

special flood hazard;

(6) 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 blighted areas caused by flood damage;

(7) Ensure that potential buyers are notified that property is in an area of special flood hazard; and

(8) Ensure that those who occupy the areas of special flood hazard assume responsibility for their actions.

(D) In order to accomplish its purposes, this chapter includes methods and provisions to:

(1) Restrict or prohibit 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;

(2) Require that uses vulnerable to floods, including facilities which serve such uses, be protected against flood damage at the time of initial construction;

(3) Control the alteration of natural floodplains, stream channels and natural protective barriers, which help accommodate or channel flood waters;

(4) Control filling, grading, dredging and other development which may increase flood damage; and

(5) Prevent or regulate the construction of flood barriers which will unnaturally divert floodwaters or which may increase flood hazards in other areas.

(`64 Code, Sec. 35-1) (Ord. No. 2426, 2640)

SEC. 18-2. DEFINITIONS.

For the purposes of this chapter, the following words shall have the following meanings:

ACCESSORY BUILDING - A building that is incidental and subordinate to the principal building on the parcel of land on which it is located.

APPEAL - A request for a review of the flood engineer's interpretation of any provision of this chapter or a request for a variance.

AREA OF SPECIAL FLOOD HAZARD - The land in the floodplain within the city subject to a 1% or greater chance of flooding in any given year.

BASE FLOOD - The flood having a 1% chance of being equaled or exceeded in any given year; also called the "100 year flood."

BASE FLOOD ELEVATION (BF) - The elevation shown on the Flood Insurance Rate Map for Zones AE, AH, A1-30, VE and V1-V30 that indicates the water surface elevation resulting from a flood that has a 1% or greater chance of being equaled or exceeded in any given year.

BASEMENT - Any area of a building having its floor subgrade (below ground level) on all sides.

BREAKAWAY WALLS - Any type of walls, whether solid or lattice, and whether constructed of concrete, masonry, wood, metal, plastic or any other suitable building material that is not part of the structural support of the building and that 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 that they might be carried by flood waters.

BUILDING - See STRUCTURE.

COASTAL HIGH HAZARD AREA - The area subject to high velocity waters, including coastal and tidal inundation or tsunamis and designated on a flood insurance rate map (FIRM) as zone V1-V30, VE or V.

DEVELOPMENT - Any manmade 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 located within the area of special flood hazard.

DUNE - 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 a primary frontal dune occurs at the point where there is a distinct change from a pronounced mound of sand to a relatively mild slope.

ENCROACHMENT - The advance or infringement of uses, plan 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 - 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 March 1, 1979.

EXPANSION TO AN EXISTING MANUFACTURED HOME PARK or SUBDIVISION - The preparation of additional sites by the construction of facilities to serve 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, FLOODING or FLOOD WATER -

(1) A general and temporary condition of partial or complete inundation of normally dry land areas from 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

(2) The condition resulting from flood-related erosion.

FLOOD BOUNDARY and FLOODWAY MAP (FBFM) - The official maps upon which the Federal Emergency Management Agency or Federal Insurance Administration have delineated both the area of flood hazard and the floodway.

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 premium zones applicable to the community.

FLOOD INSURANCE STUDY - The official report provided by the Federal Insurance Administration that includes flood profiles, the flood insurance rate map, the flood boundary and floodway map, and the water surface elevation of the base flood.

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 unusual and unforeseeable event which results in flooding.

FLOODPLAIN OR FLOOD-PRONE AREA - Any land area susceptible to being inundated by water from any source. (See FLOOD, FLOODING, or FLOOD WATER.)

FLOODPLAIN ADMINISTRATOR - The individual appointed to administer and enforce the floodplain management regulations.

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

FLOODPLAIN MANAGEMENT REGULATIONS - This chapter, zoning ordinances, subdivision regulations, building codes, health regulations, special purpose ordinances (such as grading and erosion control) and other applications of police power, which control development in flood-prone areas. This term describes federal, State or local regulations or any combination thereof that provides standards for preventing and reducing flood loss and damage.

FLOODPROOFING - Any combination of structural and nonstructural additions, changes, or adjustments to structures that reduce or eliminate flood damage to real estate or improved real property, water and sanitary facilities, structures and their contents. (Refer to FEMA Technical Bulletins TB 1-93, TB 3-93, and TB 7-93 for guidelines on dry and wet flood proofing.)

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 foot; also called "regulatory floodway."

FRAUD and VICTIMIZATION - As related to section 18-27 (Conditions for variances) of this chapter, the variance granted must not cause fraud on or victimization of

the public. In examining this requirement, the decision-making 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 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 - A use that cannot perform its intended purpose unless located or carried out in close proximity to water including only docking facilities or port facilities that are necessary for the loading and unloading of cargo or passengers, and shipbuilding and ship repair facilities, but not including long-term storage or related manufacturing facilities.

HARDSHIP - As related to section 18-27 (Conditions for variances) of this chapter, the exceptional hardship that would result from a failure to grant the requested variance. The city 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 - The highest natural elevation of the ground surface prior to construction next to the proposed walls of a structure.

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 preservation programs which have been approved by the Secretary of the 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.

LEVEE - A manmade 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.

LOWEST FLOOR - The lowest floor of the lowest enclosed area, including basement (see basement definition).

(1) An unfinished or flood resistant enclosure below the lowest floor that is 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 it conforms to applicable non-elevation design requirements, including, but not limited to:

(a) The wet flood-proofing standard in article 4, section 18-35(C)(3);

(b) The anchoring standards in article 4, section 18-35(A);

(c) The construction materials and methods standards in section 18-35(B); and

(d) The standards for utilities in section 18-36.

(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 - 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 attached to the required utilities. The term "manufactured home" does not include a "recreational vehicle."

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

MARKET VALUE - 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 estimate guide recognized by the building and 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.

MEAN SEA LEVEL - For purposes of the National Flood Insurance Program, the National Geodetic Vertical Datum (NGVD) of 1929, North American Vertical Datum (NAVD) of 1988, or other datum, to which base flood elevations shown on a community's flood insurance rate map are referenced.

NEW CONSTRUCTION - For floodplain management purposes, structures for which the “start of construction,” commenced on or after March 1, 1979, and includes any subsequent improvements to such structures.

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 streets, and either final site grading or the pouring of concrete pads) is completed on or after March 1, 1979.

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, 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" - (See "Base flood.")

PUBLIC SAFETY and NUISANCE - As related to section 18-27 (Conditions for variance) of this chapter, the granting of a variance must not result in anything that 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 - A vehicle which is:

(1) Built on a single chassis;

(2) Four hundred 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.

REGULATORY 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 foot.

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 damages, implementing the enforcement provisions of this chapter or otherwise deterring future similar violations, or reducing State or federal financial exposure with regard to the structure or other development.

RIVERINE - Relating to, formed by, or resembling a river (including tributaries) stream, brook, etc.

SAND DUNES - Naturally occurring accumulations of sand in ridges or mounds landward of the beach.

SPECIAL FLOOD HAZARD AREA (SFHA) - An area having special flood or flood-related erosion hazards, and shown on a FHBM or FIRM as zone A, AO, A1-30, AE, A99, AH, Vl-V30, VE, or V.

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 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 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; not 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 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 structural part of a building, whether or not that alteration affects the external dimensions of the building.

STRUCTURE - A walled and roofed building or mobile home that is principally aboveground; this includes a gas or liquid storage tank, as well as a manufactured home.e home that is principally aboveground, as well as a manufactured home.

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 50% of the market value of the structure before the damage occurred.

SUBSTANTIAL IMPROVEMENT - Any reconstruction, rehabilitation, addition, or other proposed new development of a structure, the cost of which equals or exceeds 50% of the market value of the structure before the start of construction of the improvement. This term includes structures that have incurred substantial damage, regardless of the actual repair work performed. The term does not, however, include either:

(1) Any project for improvement of a structure to correct existing violations of 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; or

(2) Any alteration of an historic structure, provided that the alteration will not preclude the structure's continued designation as an historic structure.

VARIANCE - A grant of relief from the requirements of this article which permits construction in a manner that would otherwise be prohibited by this article.

VIOLATION - The failure of a structure or other development to fully comply with city's floodplain management regulations.

WATER SURFACE ELEVATION - The height, in relation to the National Geodetic Vertical Datum (NGVD) of 1929, North American Vertical Datum (NAVD) of 1988, (or other datum, where specified) of floods of various magnitudes and frequencies in the floodplains of coastal or riverine areas.

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.

(`64 Code, Sec. 35-2) (Ord. No. 2426, 2640, 2783, 2989)

SEC. 18-3. FLOOD LOSS REDUCTION METHODS.

To accomplish its purposes, this chapter includes methods and provisions for:

(A) Restricting or prohibiting uses that are dangerous to health, safety, and property due to water or erosion hazards, or that result in increases in erosion or in flood heights or velocities;

(B) Requiring that uses vulnerable to floods, including facilities that 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, that help accommodate or channel flood waters;

(D) Controlling, filling, grading, dredging, and other development that may increase flood damage; and

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

(`64 Code, Sec. 35-3) (Ord. No. 2426, 2640)

SEC. 18-4. BREAKAWAY WALLS.

(A) A breakaway wall shall have a safe design loading resistance of not less than 10 and no more than 20 pounds per square foot.

(B) 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.

(`64 Code, Sec. 35-4) (Ord. No. 2426, 2640)

SEC. 18-5. MOBILE HOMES; START OF CONSTRUCTION.

(A) For mobile homes not within a mobile home park or mobile home subdivision, "start of construction" means the affixing of the mobile home to its permanent site.

(B) For mobile homes within mobile home parks or mobile home subdivisions, "start of construction" is the date on which the construction of facilities to serve the site on which the mobile home is to be affixed (including, at a minimum, the construction of streets, either final site grading or the pouring of concrete pads, and installation of utilities) is completed.

(`64 Code, Sec. 35-5) (Ord. No. 2426, 2640)

SEC. 18-6. DESCRIPTION OF SUBSTANTIAL IMPROVEMENTS.

"Substantial improvement" means any reconstruction, rehabilitation, addition, or other proposed new development of a structure, the cost of which equals or exceeds 50% 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. The term does not, however, include either:

(A) Any project for improvement of a structure to correct existing violations of 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; or

(B) Any alteration of an historic structure, provided that the alteration will not preclude the structure's continued designation as an historic structure.

(`64 Code, Sec. 35-6) (Ord. No. 2426, 2640)

SEC. 18-7. PRESUMPTION OF VIOLATION.

A structure or other development without an 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 to the city.

(`64 Code, Sec. 35-7) (Ord. No. 2426, 2640)

SEC. 18-8. APPLICABLE LANDS.

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

(`64 Code, Sec. 35-8) (Ord. No. 2426, 2640)

SEC. 18-9. BASIS FOR ESTABLISHING THE AREAS OF SPECIAL FLOOD HAZARD.

(A) The areas of special flood hazard identified by the Federal Emergency Management Agency of the Federal Insurance Administration in a scientific and engineering report entitled “The Flood Insurance Study for the City of Oxnard,” dated March 1, 1979, and accompanying flood insurance rate maps dated March 1, 1979, and all subsequent revisions are hereby adopted by reference and declared to be a part of this chapter.

(B) The flood insurance study is the minimum area of applicability of this chapter and may be supplemented by studies for other areas that allow implementation of this chapter and that are recommended to the city council by the floodplain administrator.

(C) The flood insurance study is on file at City Hall, 305 West Third Street, Oxnard, California.

(`64 Code, Sec. 35-9) (Ord. No. 2426, 2640, 2989)

SEC. 18-10. COMPLIANCE; VIOLATION A MISDEMEANOR.

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. Violations of the provisions of this chapter 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 city from taking such lawful action as is necessary to prevent or remedy any violation.

(`64 Code, Sec. 35-10) (Ord. No. 2426, 2640)

SEC. 18-11. ABROGATION; EFFECT OF OTHER ORDINANCES.

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.

(`64 Code, Sec. 35-11) (Ord. No. 2426, 2640)

SEC. 18-12. INTERPRETATION.

In the interpretation and application of this chapter, all provisions shall be:

(A) Considered as minimum requirements;

(B) Liberally construed in favor of the city; and

(C) Deemed neither to limit nor repeal any other powers granted under State statutes.

(`64 Code, Sec. 35-12) (Ord. No. 2426, 2640)

SEC. 18-13. WARNING AND DISCLAIMER OF LIABILITY.

(A) 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 manmade 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.

(B) 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 hereunder.

(`64 Code, Sec. 35-13) (Ord. No. 2426, 2640)

SEC. 18-14. SEVERABILITY.

The chapter and the various parts thereof are hereby declared to be severable. Should any section of this chapter be declared by the courts to be unconstitutional or invalid, such decision shall not affect the validity of the chapter as a whole, or any portion thereof other than the section so declared to be unconstitutional or invalid.

(Ord. No. 2783)