Redwood City Municipal Code § 41.16 Development Permit

The City Engineer is hereby appointed to administer, implement and enforce this Chapter by granting or denying development permits in accordance with its provisions.

(Ord. No. 2277, § 1, 1-10-2005)

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

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

1. Permit requirements of this Chapter have been satisfied;

2. All other required State and Federal permits have been obtained;

3. The site is reasonably safe from flooding; and

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 Chapter, "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.

5. All Letters of Map Revision (LOMR's) for flood control projects are approved prior to the issuance of building permits. Building Permits must not be issued based on Conditional Letters of Map Revision (CLOMR's). Approved CLOMR's allow construction of the proposed flood control project and land preparation as specified in the "start of construction" definition.

B. Review, Use and Development of Other Base Flood Data. When base flood elevation data has not been provided in accordance with Section 41.8, the Floodplain Administrator shall obtain, review and reasonably utilize any base flood elevation and floodway data available from a Federal or State Agency, or other source, in order to administer Article V. Any such information shall be submitted to the City Council for adoption.

C. Notification of Other Agencies. In alteration or relocation of a watercourse:

1. Notify adjacent communities and the California Department of Water Resources prior to alteration or relocation;

2. Submit evidence of such notification to the Federal Insurance Administration and Federal Emergency Management Agency; and

3. Assure that the flood carrying capacity within the altered or relocated portion of said watercourse is maintained.

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

1. Certification required by Section 41.18(C)(1) (lowest floor elevations).

2. Certification required by Section 41.18(C)(2) (elevation or floodproofing of nonresidential structures).

3. Certification of elevation required by Section 41.18(C)(3) (wet floodproofing standard).

4. Certification of elevation required by Section 41.20 (subdivision standards).

5. Certification required by Section 41.23 (floodway encroachments).

6. Information required by Section 41.24(F) (coastal construction standards).

7. Maintain a record of all variance actions, including justification for their issuance, and report such variances issued in its biennial report submitted to the Federal Emergency Management Agency.

E. Map Determinations. Make interpretations where needed, as to the exact location of the boundaries of the areas of special flood hazard. Where there appears to be a conflict between a mapped boundary and actual field conditions, 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 Article V.

F. Remedial Action. Take action to remedy violations of this Chapter as specified in Section 41.9.

G. Base Flood Elevation Changes Due to Physical Alterations. Submit or assure that, within six (6) months of information becoming available or project completion, whichever comes first, the permit applicant submits technical and/or scientific data to FEMA for a Letter of Map Revision (LOMR). All LOMRs for flood control projects are approved prior to issuance of permits. Permits will not be issued based on Conditional LOMRs. Approved Conditional LOMRs allow for construction of the proposed flood control project and land preparation as specified in the "start of construction" definition.

H. Development of Substantial Improvement and Substantial Procedures.

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

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

(Ord. No. 2277, § 1, 1-10-2005)

(Ord. No. 2356, § 1, 6-14-10; Ord. No. 2410, § 3, 1-26-15)

A development permit shall be obtained before any construction or other development, including manufactured homes, within any area of special flood hazard established in Section 41.8. Application for a development permit shall be made on forms furnished by the City. The applicant shall provide the following minimum information:

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

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

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

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

4. Location of the regulatory floodway when applicable;

5. Base flood elevation information as specified in Section 41.8 or Section 41.15(B);

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

7. Proposed elevation in relation to mean sea level to which any nonresidential structure will be floodproofed, as required in Section 41.18(C)(2) and detailed in FEMA Technical Bulletin TB 3-93.

B. Certification from a registered civil engineer or architect that the nonresidential floodproofed building meets the floodproofing criteria in Section 41.18(C)(2).

C. For a crawl-space foundation, location and total net area of foundation openings as required in Section 41.18(C)(5) and detailed in FEMA Technical Bulletins 1-93 and 7-93.

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

E. All appropriate certifications listed in Section 41.15(D).

(Ord. No. 2410, § 4, 1-26-15)

The City Council of the City of Redwood City shall hear and decide appeals when it is alleged there is an error in any requirement, decision, or determination by the Floodplain Administrator in the enforcement or administration of this Chapter.

(Ord. No. 2277, § 1, 1-10-2005)

(Ord. No. 2374, § 36, 1-9-2012; Ord. No. 2410, § 5, 1-26-15)

Editor's note— Ord. No. 2410, § 4, adopted January 26, 2015, set out provisions for use herein as § 41.16 and § 5 renumbered existing § 41.16 as 41.17.

In all areas of special flood hazards, the following standards are required:

A. Anchoring.

1. All new construction and substantial improvements shall be adequately anchored to prevent flotation, collapse or lateral movement of the structure resulting from hydrodynamic and hydrostatic loads, including the effects of buoyancy.

2. All manufactured homes shall meet the anchoring standards to Section 41.20.

B. Construction Materials and Methods. All new construction and substantial improvements shall be constructed:

1. With flood resistant materials as specified in FEMA Technical Bulletin No. TB 2-93 and utility equipment resistant to flood damage;

2. Using methods and practices that minimize flood damage;

3. With electrical, heating, ventilation, plumbing and air conditioning equipment and other service facilities that are designed and/or located so as to prevent water from entering and accumulating within the components during conditions of flooding.

C. Elevation and Floodproofing. (See Article II, Definitions for "basement," "lowest floor," "new construction," and "substantial improvement.")

1. Residential construction, new or substantial improvement, shall have the lowest floor, including basement:

a. In an A zone, elevated to a minimum of one (1) foot above the base flood elevation or the design flood elevation, whichever is higher, or said base flood elevation may be determined by the method in Section 41.15(B).

b. In all other zones, elevated to a minimum of one (1) foot above the base flood elevation or the design flood elevation, whichever is higher.

2. Nonresidential construction, new or substantial improvement, shall either be elevated to conform to subsection (C)(1) or together with attendant utility and sanitary facilities; or:

a. Be floodproofed below the elevation recommended under subsection (C)(1) so that the structure is watertight with walls substantially impermeable to the passage of water,

b. Have structural components capable of resisting hydrostatic and hydrodynamic loss and effects of buoyancy, and

c. Be certified by a registered professional engineer or architect that the standards of subsection (C)(2) are satisfied. Such certification shall be provided to the Floodplain Administrator.

3. All new construction and substantial improvement with fully enclosed areas below the lowest floor (excluding basements) that are usable solely for parking of vehicles, building access or storage, and which are subject to flooding, shall be designed to automatically equalize hydrostatic flood forces on exterior walls by allowing for the entry and exit of floodwater. Designs for meeting this requirement must meet or exceed the following minimum criteria:

a. For non-engineered openings:

1. Have a minimum of two (2) openings having a total net area of not less than one (1) square inch for every square foot of enclosed area subject to flooding;

2. The bottom of all openings shall be no higher than one (1) foot above grade;

3. Openings may be equipped with screens, louvers, valves or other coverings or devices provided that they permit the automatic entry and exit of floodwater; or

4. Buildings with more than one (1) enclosed area must have openings on exterior walls for each area to allow flood water to directly enter; or

b. Be certified by a registered professional engineer or architect.

4. Manufactured homes shall also meet the standards in Section 41.21.

5. Garages and low cost accessory structures.

a. Attached garages.

1. A garage attached to a residential structure, constructed with the garage floor slab below the BFE, must be designed to allow for the automatic entry of flood waters. See Section 41.1(C)(3). Areas of the garage below the BFE must be constructed with flood resistant materials. See Section 41.18(B).

2. A garage attached to a nonresidential structure must meet the above requirements or be dry floodproofed. For guidance on below grade parking areas, see FEMA Technical Bulletin TB-6.

b. Detached garages and accessory structures.

1. "Accessory structures" used solely for parking (two (2) car detached garages or smaller) or limited storage (small, low-cost sheds), as defined in Section 41.6, may be constructed such that its floor is below the base flood elevation (BFE), provided the structure is designed and constructed in accordance with the following requirements:

a. Use of the accessory structure must be limited to parking or limited storage;

b. The portions of the accessory structure located below the BFE must be built using flood-resistant materials;

c. The accessory structure must be adequately anchored to prevent flotation, collapse and lateral movement;

d. Any mechanical and utility equipment in the accessory structure must be elevated or floodproofed to or above the BFE;

e. The accessory structure must comply with floodplain encroachment provisions in Section 5.6; and

f. The accessory structure must be designed to allow for the automatic entry of flood waters in accordance with Section 41.18(C)(3).

2. Detached garages and accessory structures not meeting the above standards must be constructed in accordance with all applicable standards in Section 41.18.

(Ord. No. 2277, § 1, 1-10-2005)

(Ord. No. 2410, § 6, 1-26-15; Ord. No. 2556, § 7(Exh. D), 12-22-25)

Editor's note— Ord. No. 2410, § 6, adopted January 26, 2015, renumbered art. V, § 41.17 as art. IV, § 41.18, and amended it to read as set out herein.

A. All new and replacement water supply and sanitary sewage systems shall be designed to minimize or eliminate:

1. Infiltration of floodwaters into the systems; and

2. Discharge from the systems into floodwaters.

B. On-site waste disposal systems shall be located to avoid impairment to them, or contamination from them during flooding.

(Ord. No. 2277, § 1, 1-10-2005)

(Ord. No. 2410, § 7, 1-26-15)

Editor's note— Ord. No. 2410, § 7, adopted January 26, 2015, renumbered art. V, § 41.18 as art. IV, § 41.19.

A. All preliminary subdivision proposals shall identify the special flood hazard area and the elevation of the base flood.

B. All subdivision plans shall provide the elevation of proposed structures and pads. If a site is filled above the base flood elevation, the as-built information for the lowest floor elevation, pad elevation, and the lowest adjacent grade for each structure shall be certified by a registered civil engineer or licensed land surveyor and provided as part of an application for a Letter of Map Revision (LOMR) based on fill (LOMR-F) to the floodplain administrator and FEMA.

C. All subdivision proposals shall be consistent with the need to minimize flood damage.

D. All subdivision proposals shall have public utilities and facilities such as sewer, gas, electrical and water systems located and constructed to minimize flood damage.

E. All subdivision shall provide adequate drainage to reduce exposure to flood hazards.

F. All new subdivisions proposals and other proposed development, including proposals for manufactured home parks and subdivisions, greater than fifty (50) lots or five (5) acres, whichever is the lesser, shall:

1. Identify the Special Flood Hazard Areas (SFHA) and Base Flood Elevations (BFE).

2. Identify the elevations of lowest floors of all proposed structures and pads on the final plans.

3. If the site is filled above the base flood elevation, the following as-built information for each structure shall be certified by a registered civil engineer or licensed land surveyor and provided as part of an application for a Letter of Map Revision based on Fill (LOMR-F) to the Floodplain Administrator:

a. Lowest floor elevation.

b. Pad elevation.

c. Lowest adjacent grade.

(Ord. No. 2277, § 1, 1-10-2005)

(Ord. No. 2356, § 2, 6-14-10; Ord. No. 2410, § 8, 1-26-15)

Editor's note— Ord. No. 2410, § 8, adopted January 26, 2015, renumbered art. V, § 41.19 as art. IV, § 41.20, and amended it to read as set out herein.

A. All manufactured homes that are placed or substantially improved, on sites located:

1. Outside of a manufactured home park or subdivision;

2. In a new manufactured home park or subdivision;

3. In an expansion to an existing manufactured home park or subdivision; or

4. In an existing manufactured home park or subdivision upon which a manufactured home has incurred "substantial damage" as the result of a flood, shall:

a. Within Zones A1-30, AH, and AE on the community's Flood Insurance Rate Map, be elevated on a permanent foundation such that the lowest floor of the manufactured home is elevated to or above the base flood elevation and be securely fastened to an adequately anchored foundation system to resist flotation, collapse, and lateral movement.

b. Within Zones V1-30, V, and VE on the community's Flood Insurance Rate Map, meet the requirements of Section 41.24.

B. All manufactured homes to be placed or substantially improved on sites in an existing manufactured home park or subdivision within Zones A1-30, AH, AE, V1-30, V, and VE on the community's Flood Insurance Rate Map that are not subject to the provisions of subsection (A) will be securely fastened to an adequately anchored foundation system to resist flotation, collapse, and lateral movement, and be elevated so that either the:

1. Lowest floor of the manufactured home is at or above the base flood elevation; or

2. Manufactured home chassis is supported by reinforced piers or other foundation elements of at least equivalent strength that are no less than thirty-six (36) inches in height above grade.

Upon the completion of the structure, the elevation of the lowest floor including basement shall be certified by a registered civil engineer or licensed land surveyor, and verified by the City's community building inspector to be properly elevated. Such certification and verification shall be provided to the Floodplain Administrator.

(Ord. No. 2277, § 1, 1-10-2005)

(Ord. No. 2410, § 9, 1-26-15)

Editor's note— Ord. No. 2410, § 9, adopted January 26, 2015, renumbered art. V, § 41.20 as art. IV, § 41.21, and amended it to read as set out herein.

A. All recreational vehicles placed in Zones A1-30, AH, AE, V1-30 and VE will either:

1. Be on the site for fewer than one hundred eighty (180) consecutive days; or

2. Be fully licensed and ready for highway use. A recreational vehicle is ready for highway use if it is on its wheels or jacking system, is attached to the site only by quick disconnect type utilities and security devices, and has no permanently attached additions; or

3. Meet the permit requirements of Section 41.16 and the elevation and anchoring requirements for manufactured homes in Section 41.20.

B. Recreational vehicles placed on sites within Zones V1-30, V, and VE on the community's Flood Insurance Rate Map will meet the requirements of Section 41.21(A) and Section 41.23.

(Ord. No. 2410, § 10, 1-26-15)

Located within areas of special flood hazard established in Section 41.8, are areas designated as floodways. Since the floodway is an extremely hazardous area due to the velocity of floodwaters, which carry debris, potential projectiles, and erosion potential, the following provisions apply:

A. Prohibit encroachments, including fill, new construction, substantial improvement, and other new development unless certification by a registered professional engineer is provided demonstrating that encroachments shall not result in any increase in the base flood elevation during the occurrence of the base flood discharge.

B. If subsection A of this Section is satisfied, all new construction, substantial improvement, and other proposed new development shall comply with all other applicable flood hazard reduction provisions of Article III.

(Ord. No. 2277, § 1, 1-10-2005)

(Ord. No. 2410, § 11, 1-26-15)

Editor's note— Ord. No. 2410, § 11, adopted January 26, 2015, renumbered art. V, § 41.21 as art. IV, § 41.23.

Within coastal high hazard areas as established under Section 41.8, the following standards shall apply:

A. All new construction and substantial improvement shall be elevated on adequately anchored pilings or columns and securely anchored to such pilings or columns so that the lowest horizontal portion of the structural members of the lowest floor (excluding the pilings or columns) is elevated to or above the base flood level. The pile or column foundation and structure attached thereto is anchored to resist flotation, collapse, and lateral movement due to the effects of wind and water loads acting simultaneously on all building components. Water loading values used shall be those associated with the base flood. Wind loading values used shall be those required by applicable State or local building standards.

B. All new construction and other development shall be located on the landward side of the reach of mean high tide.

C. All new construction and substantial improvement shall have the space below the lowest floor free of obstructions or constructed with breakaway walls as defined in Article II of this Chapter. Such enclosed space shall not be used for human habitation and will be usable solely for parking of vehicles, building access or storage.

D. Fill shall not be used for structural support of buildings.

E. Manmade alteration of sand dunes which would increase potential flood damage is prohibited.

F. The Floodplain Administrator shall obtain and maintain the following records:

1. Certification by a registered engineer or architect that a proposed structure complies with subsection A of this Section;

2. The elevation (in relation to mean sea level) of the bottom of the lowest structural member of the lowest floor (excluding pilings or columns) of all new and substantially improved structures, and whether such structures contain a basement.

(Ord. No. 2277, § 1, 1-10-2005)

(Ord. No. 2410, § 12, 1-26-15)

Editor's note— Ord. No. 2410, § 12, adopted January 26, 2015, renumbered art. VI, § 41.22 as art. IV, § 41.24.

The issuance of a variance is for floodplain management purposes only. The variance criteria set forth in this Article VI are based on the general principle of zoning law that variances pertain to specific parcels 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 Chapter would create an exceptional hardship to the applicant or to surrounding properties. The characteristics must be unique to the property and not be shared by adjacent parcels. The unique characteristics must pertain to the land itself, not to the structure, its inhabitants or the property owners.

It is the responsibility of the City Council to help protect its citizens from flooding. The 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 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 Chapter 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.

(Ord. No. 2277, § 1, 1-10-2005)

(Ord. No. 2410, § 13, 1-26-15)

Editor's note— Ord. No. 2410, § 13, adopted January 26, 2015, renumbered art. VI, § 41.23 as art. IV, § 41.25.

In passing upon requests for variances, the City Council shall consider all technical evaluations, all relevant factors, standards specified in other sections of this Chapter, and the:

A. Danger that materials may be swept onto other lands to the injury of others;

B. Danger of life and property due to flooding or erosion damage;

C. Susceptibility of the proposed facility and its contents to flood damage and the effect of such damage on the existing individual owner and future owners of the property;

D. Importance of the services provided by the proposed facility to the community;

E. Necessity to the facility of waterfront location, where applicable;

F. Availability of alternative locations for the proposed use which are not subject to flooding or erosion damage;

G. Compatibility of the proposed use with existing and anticipated development;

H. Relationship of the proposed use to the comprehensive plan and floodplain management program for that area;

I. Safety of access to the property in time of flood for ordinary and emergency vehicles;

J. Expected heights, velocity, duration, rate of rise, and sediment transport of floodwaters expected at the site; and

K. 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.

(Ord. No. 2277, § 1, 1-10-2005)

(Ord. No. 2410, § 14, 1-26-15)

Editor's note— Ord. No. 2410, § 14, adopted January 26, 2015, renumbered art. VI, § 41.24 as art. IV, § 41.26.

A. Generally, variances may be issued for new construction, substantial improvement, and other proposed new development to be erected on a lot of one-half (½) acre or less in size contiguous to and surrounded by lots with existing structures constructed below the base flood level, providing that the procedures of Articles IV and V of this Chapter have been fully considered. As the lot size increases beyond one-half (½) acre, the technical justification required for issuing the variance increases.

B. Variances may be issued for the repair or rehabilitation of "historic structures" (as defined in Article II of this Chapter) upon a determination that the proposed repair or rehabilitation will not preclude the structure's continued designation as a historic structure and the variance is the minimum necessary to preserve the historic character and design of the structure.

C. Variances shall not be issued within any mapped regulatory floodway if any increase in flood levels during the base flood discharge would result.

D. 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 Chapter. 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 City Council believes will both provide relief and preserve the integrity of this Chapter.

E. Any applicant to whom a variance is granted shall be given written notice over the signature of the Administrator 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 twenty-five dollars ($25.00) for one hundred dollars ($100.00) of insurance coverage; and

2. Such construction below the base flood level increases the risk 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 San Mateo County Recorder and shall be recorded in a manner so that it appears in the chain of title of the affect parcel of land.

F. 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.

G. 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" (as defined in Article II of this Chapter) 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, or extraordinary public expense, create a nuisance (as defined in Article II, "Public Safety and Nuisance") cause fraud or victimization (as defined in Article II) of the public, or conflict with existing local laws or ordinances.

H. Variances may be issued for new construction, substantial improvement, and other proposed new development necessary for the conduct of a functionally dependent use provided that the provisions of subsections A through E of this Section are satisfied and that the structure or other development is protected by methods that minimize flood damage during the base flood and does not result in additional threats to public safety and does not create a public nuisance.

I. Upon consideration of the factors of Section 41.26(A) and for the purposes of this Chapter, the City Council may attach such conditions to the granting of variances as it deems necessary to further the purposes of this Chapter.

(Ord. No. 2277, § 1, 1-10-2005)

(Ord. No. 2410, § 15, 1-26-15)

Editor's note— Ord. No. 2410, § 15, adopted January 26, 2015, renumbered art. VI, § 41.24 as art. IV, § 41.26, and amended it to read as set out herein.