Chapter 15.104 — Sacramento Zoning Code

FLOODPLAIN MANAGEMENT REGULATIONS

Sections:

Article I . Floodplain Management Requirements 15.104.010 Purpose and findings of fact. 15.104.020 Definitions. 15.104.030 General provisions. 15.104.040 Administration. 15.104.045 Construction or development in flood hazard zone. 15.104.050 Requirements for flood hazard reduction. 15.104.060 Variances. 15.104.065 Zone A99 regulations. Article II . Additional Provisions 15.104.070 Compliance with CFMP; additional measures. 15.104.080 Appeals. 15.104.090 Fee schedule. 15.104.100 Additional restrictions. Article I. Floodplain Management Requirements

15.104.010 Purpose and findings of fact.¶

A. Statement of Purpose. This chapter promotes the public health, safety, and general welfare, and minimizes public and private losses due to flood conditions. This chapter regulates development which is or might be dangerous to health, safety and property by requiring, at the time of initial development or substantial improvement, methods of protection against flood damage in areas vulnerable to flooding. This chapter regulates developmental impacts, including filling; grading; erosion; barriers; alteration of natural floodplains, stream channels, or watercourses; and any other impacts that aggravate or cause flood hazards.

B. Findings of Fact.

Certain areas of the city are subject to periodic flooding which may result 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.
These potential flood losses are aggravated by the cumulative effect of development in special flood hazard areas (as defined in Section 15.104.020), which increase flood heights and velocities. Development that is inadequately floodproofed, elevated, or otherwise protected from flood damage also contributes to the flood loss and if inadequately anchored can cause damage in other areas.
The imposition of adequate controls for development in special flood hazard areas will:

a. Protect human life and health;
b. Minimize expenditure of public money for costly flood control projects;
c. Minimize the need for rescue and relief efforts associated with flooding;
d. Minimize business interruptions;
e. Minimize damage to streets, sewers, bridges, utilities and other public facilities;
f. Help maintain a stable tax base by providing for the use and development of special flood hazard areas.

The National Flood Insurance Program (NFIP) is a federal program managed by FEMA that enables property owners, renters, and businesses in the cities and communities that participate in the program to purchase flood insurance from the federal government through a network of insurance companies. Insurance provides protection against losses caused by flooding. Because the city participates in the NFIP, federal regulations require the city to protect federally-financed investments in established Special Flood Hazard Areas of the city. This type of insurance is generally unavailable from private sector insurance companies and confers a substantial and significant benefit to the residents in the city.

provides protection against losses caused by flooding. Because the city participates in the NFIP, federal regulations require the city to protect federally-financed investments in established Special Flood Hazard Areas of the city. This type of insurance is generally unavailable from private sector insurance companies and confers a substantial and significant benefit to the residents in the city.

Participation in the NFIP provides the city with federal assistance, including federal grants, loans or guarantees made by federal agencies such as the Small Business Administration, Federal Housing Administration, and the Veterans Administration. It also qualifies the city's residents for emergency federal relief after a flood disaster, such as the temporary housing program. Flood insurance is also required by certain private lenders pursuant to federal rules and regulations. The ability to refinance mortgages may also be affected by the city's participation in the NFIP. To participate in the NFIP, the city must enact an ordinance that includes effective enforcement provisions and meets the minimum federal floodplain management criteria prescribed in Part 60 of Subchapter B of Title 44 of the Code of Federal Regulations, and this chapter is intended to do so. (Ord. 2023-0020 § 1; Ord. 2011-046 § 2; prior code § 9.26.1001)

15.104.020 Definitions.¶

As used in this chapter:

"Accessible roof" means a roof area that is accessible from the ground via a ladder (with a knox box, if locked) or other approved means and that has a slope of 1:12 (one vertical to twelve (12) horizontal) or less. "Accessory structure" means a detached structure that is either: a garage or other structure constructed solely for the parking of not more than two cars; or a small shed for limited storage that does not require a building permit. "Alteration of a watercourse" means a dam, impoundment, channel relocation, change in channel alignment, channelization, change in cross sectional area of the channel or the channel capacity, or any other form of modification that may alter, impede, retard, or change the direction or velocity of the riverine flow of water during conditions of the base flood.

"Area of shallow flooding" means a designated AO, AH, AR/AO, or AR/AH zone on the flood insurance rate map (FIRM). The base flood depths or elevations range from one to three feet; a clearly defined channel does not exist; the path of the flooding is unpredictable and indeterminate; and velocity flow may be evident. Such flooding is characterized by ponding or sheet flow.
"Base flood" means a flood that has a one percent chance of being equaled or exceeded in any given year (also called the "100-year flood").
"Base flood elevation" or "BFE" means the water surface elevation resulting from the base flood.
"Basement" means any area of the building having its floor subgrade (i.e., below ground level) on all sides.
"Building" means any structure.
"CFMP" means the comprehensive flood management plan adopted by the city in 1996, as amended.
"Developed area" means an area of a community that is:

A primarily urbanized built-up area that is a minimum of twenty (20) contiguous acres, has basic urban infrastructure, including roads, utilities, communications, and public facilities, to sustain industrial, residential, and commercial activities, and:

a. Within which seventy-five (75) percent or more of the parcels, tracts, or lots contain commercial, industrial, or residential structures or uses; or
b. Is a single parcel, tract, or lot in which seventy-five (75) percent of the area contains existing commercial or industrial structures or uses; or

c. Is a subdivision developed at a density of at least two residential structures per acre within which seventy-five (75) percent or more of the lots contain existing residential structures at the time the designation is adopted. 2. Undeveloped parcels, tracts, or lots, the combination of which is less than twenty (20) acres and contiguous on at least three sides to areas meeting the criteria of subsection 1 of this definition at the time the designation is adopted. 3. A subdivision that is a minimum of twenty (20) contiguous acres that has obtained all necessary government approvals, provided that the actual "start of construction" of structures has occurred on at least ten (10) percent of the lots or remaining lots of a subdivision or ten (10) percent of the maximum building coverage or remaining building coverage allowed for single lot subdivision at the time the designation is adopted and construction of structures is underway. Residential subdivisions must meet the density criteria in subsection (1)(c) of this definition. "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 and storage of equipment or materials. "Dry floodproofed" means the application of floodproofing measures that meet applicable FEMA requirements for dry floodproofing. "Elevation certificate" means the FEMA-NFIP standard form that provides information about a building's elevation and other characteristics, including its location and flood zone, and that is used to ensure compliance with floodplain management ordinances, inform mitigation actions, and reduce flood risk. "Encroachment" means excavating, or the placement of fill, buildings, permanent structures, or other development in a flood hazard area that may impede or alter the flow capacity of riverine flood hazard areas. "Evacuation area" means an area of the city outside of the special flood hazard area and identified as an evacuation area in the CFMP. "FEMA" means the Federal Emergency Management Agency, including any department or division of FEMA, such as the Federal Insurance and Mitigation Administration which manages the NFIP. "Flood" or "flooding" means a general and temporary condition of partial or complete inundation of normally dry land areas from the overflow of inland or tidal waters or from the unusual and rapid accumulation or runoff of surface waters from any source; the collapse or subsidence of land along the shore of a lake or other body of water, including, but not limited to, a levee; and/or the condition resulting from flood-related erosion.

"Flood Hazard Boundary Map" or "FHBM" means the official map on which FEMA has delineated both special flood hazard areas and the floodway.

"Flood hazard zone" means an area subject to flooding that is delineated as either a special hazard area or an area of moderate hazard on an official flood insurance rate map issued by FEMA. The identification of flood hazard zones does not imply that areas outside the flood hazard zones, or uses permitted within flood hazard zones, will be free from flooding or flood damage. "Flood insurance rate map" or "FIRM" means the official map on which FEMA has delineated both special flood hazard areas and the risk premium zones applicable to the community. "Flood insurance study" means the official report provided by FEMA that includes flood profiles, the FIRM, the FHBM, and the water surface elevation of the base flood. "Floodplain" or "flood-prone area" means any land area susceptible to flooding. "Floodplain management" means the 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, floodplain management regulations, and open space plans. "Floodplain management regulations" means this chapter and any other zoning ordinances, subdivision regulations, building codes, health regulations, special purpose ordinances (such as grading and erosion control), other applications of police power that control development in flood-prone areas, and any other federal, state, or local laws or regulations (including, but not limited to, Part 60 of Subchapter B of Title 44 of the Code of Federal Regulations) in any combination that provide standards for preventing and reducing flood loss and damage. "Floodproofing" means any combination of structural and nonstructural additions, changes, or adjustments to structures that reduce or eliminate flood damage to real estate, improved real property, water and sanitary facilities, or structures, and their contents. Guidelines on dry and wet floodproofing are provided by FEMA NFIP Technical Bulletin 3. "Floodproofing certificate" means the FEMA-NFIP standard form that is used to certify that a nonresidential building has been designed to reduce or eliminate flood damage instead of elevating it to or above the base flood elevation. "Floodway" means the channel of a river or other watercourse and the adjacent land area that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation more than one foot. "Functionally dependent use" means a use of property for docking facilities, port facilities that are necessary for the loading and unloading of cargo or passengers, and ship building and ship repair facilities, that must be located or carried out in close proximity to water, and does not include long-term storage or related manufacturing facilities.

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

"Historic structure" means any structure that is:

Individually listed in the National Register of Historic Places (a listing maintained by the Department of the Interior) or preliminarily determined by the Secretary of the Interior, or State Historic Preservation Officer, as meeting the requirements for individual listing in the National Register; or
Certified or preliminarily determined by the Secretary of the Interior as contributing to the significance of a registered historic district or a district preliminarily determined by the Secretary of the Interior, or State Historic Preservation Officer, to qualify as a registered historic district; or
Individually listed in the California Register of Historical Resources or preliminarily determined by the State Historic Preservation Officer as meeting the requirements for individual listing in the California Register; or 4. Certified, listed, or preliminarily determined by the State Historic Preservation Officer as contributing to the significance of a registered or listed historic district or a district preliminarily determined by the State Historic Preservation Officer to qualify as a registered or listed historic district; or 5. Individually listed in the Sacramento Register of Historic and Cultural Resources (a listing maintained by the city of Sacramento, a certified local government), or preliminarily determined by the city's preservation director as meeting the requirements for individual listing in the Sacramento Register of Historic and Cultural Resources; or
Listed or preliminarily determined by the preservation director as contributing to the significance of a listed historic district or a district preliminarily determined by the preservation director to qualify as a listed historic district.

"Hydraulic grade line" or "HGL" has the same meaning as in the design and procedures manual developed pursuant to section 13.08.145.
"Levee" means a man-made facility, 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.
"Local administrator" means the director of the department of utilities or authorized designees.
"Lowest floor" means the lowest floor of the lowest enclosed area (including basement). 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 nonelevation design requirements of this chapter. "Magpie Creek floodplain" means the area identified as Magpie Creek on the city's most-recent 100-year floodplain digital flood insurance rate map Geographic Information Systems (GIS) layer. "Manufactured home" means a structure, transportable in one or more sections, that 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" also includes park trailers, travel trailers, and other similar vehicles placed on a site for greater than one hundred eighty (180) consecutive days. The term "manufactured home" does not include a recreational vehicle.

"Manufactured home park or subdivision" means a parcel (or contiguous parcels) of land divided into two or more manufactured home lots for rent or sale.

"Market value" means the current estimated market value of a structure, excluding the value of the land on which the structure is located, and also excluding the value of any landscaping or detached accessory structures on such land. The current tax assessed value of the structure as provided by the county tax assessor's office shall be used as the market value where the cost of the proposed improvement to the structure does not exceed forty (40) percent, or exceeds sixty (60) percent, of the structure's current tax assessed value, unless a different value is set forth in an independent appraisal prepared by a professional appraiser no earlier than ninety (90) days before a building permit application is submitted for the improvement. The building permit must be issued within one hundred eighty (180) days of the application in order for the appraisal to be valid. In cases where the cost of the proposed improvement to the structure exceeds forty (40) percent but does not exceed sixty (60) percent of the current tax assessed value of the structure, the applicant must provide an independent estimate of market value prepared by a professional appraiser no earlier than ninety (90) days before a building permit application is submitted for the improvement, provided that the current tax assessed value may be used as the market value if the local administrator determines for good cause that an independent appraisal should not be required. The building permit must be issued within one hundred eighty (180) days of the application in order for the appraisal to be valid. Whenever the current tax assessed value of a structure is used to determine market value of the structure, the local administrator may make such adjustments to the current tax assessed value as are necessary, in the professional judgment of the local administrator, to produce an accurate estimate of market value. In cases where a current tax assessed value of a structure is not available from the county tax assessor's office, the applicant must provide an independent estimate of market value prepared by a professional appraiser no earlier than ninety (90) days before a building permit application is submitted for the improvement to the structure. The building permit must be issued within one hundred eighty (180) days of the application in order for the appraisal to be valid. Notwithstanding the above, a qualified estimate based on sound professional judgment made by the local administrator can be used as the market value estimate if the cost of the proposed improvement ratio is obviously less than forty (40) percent, or greater than sixty (60) percent, of such market value estimate. "Mean sea level" means 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 FIRM are referenced.

"New construction" means structures for which the "start of construction" commenced on or after February 23, 1982, and includes any subsequent improvements to such structures. "NFIP" means the National Flood Insurance Program.
"One hundred-year flood" or "100-year flood" has the same meaning as "base flood."
"Overland release" has the same meaning as in the design procedures manual developed pursuant to section 13.08.145.
“Overland release point" has the same meaning as in the design and procedures manual developed pursuant to section 13.08.145.
"Primary escrow agent" means the person or entity providing primary escrow services in connection with the sale of a structure.
"Public facilities" means facilities owned or operated by any local, state, or federal government agency.
"Public refuge" means an accessible area located above the rescue flood elevation that is available to members of the general public in the event of a flood. Public refuge locations may include approved public facilities, nonresidential buildings, or other accessible refuge and evacuation structures (e.g., levees). Public refuge areas must be located within one mile of the farthest residential unit served. "Recreational vehicle" means a vehicle that is: (1) built on a single chassis; (2) four hundred (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 not for use as a permanent dwelling but as temporary living quarters for recreational, camping, travel, or seasonal use. "Refuge location" means an accessible area above the rescue flood elevation located within one mile from the farthest structure served in the event of a flood. Refuge locations may include onsite locations, approved public facilities, nonresidential buildings, or other accessible structures, such as levees. "Rescue area" means an area of the city that has the potential of flooding to a depth of at least one foot within two hours of a levee failure and that is identified as a rescue area in the CFMP. "Rescue flood elevation" means the elevation of flood waters estimated in the CFMP to occur forty-eight (48) hours after a given levee break.
"Special flood hazard area" or "SFHA" means an area:

Located in Zone A, AO, AH, AE, A99, AR, AR/AE, AR/AO, AR/AH, or AR/A, as designated on any FIRM;
Located in the Magpie Creek floodplain;
Subject to the base flood as designated on any floodplain map issued by the California Department of Water Resources pursuant to California Water Code section 9610; or
Subject to the base flood as reasonably determined in writing by the local administrator based on the best available information relating to flood protection. "Special needs facilities" includes hospitals, schools, and nursing or residential care facilities of any type.

"Start of construction" means the date the building permit was issued for a substantial improvement or new construction, provided that the actual start of construction, repair, reconstruction, rehabilitation, addition placement, or other improvement occurs within one hundred eighty (180) days from the date the permit is issued. For new construction, the actual start of construction 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 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" means a walled and roofed building or other structure that is principally above ground; this includes a gas or liquid storage tank or 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 fifty (50) percent of the market value of the structure before the damage occurred; or
Flood-related damage sustained by a structure on two separate occasions during a ten (10) year period for which the cost of repairs at the time of each such event, on the average, equals or exceeds twenty-five (25) percent of the market value of the structure before the damage occurred. This is also known as "repetitive loss."

"Substantial improvement" means any repair, reconstruction, or improvement of a structure, whether requiring one or multiple permits, the cost of which equals or exceeds fifty (50) percent of the market value of the structure either:

Before the start of construction of the substantial improvement; or
If the structure has been damaged, and is being restored, before the damage occurred.

The term "substantial improvement" does not, however, include either:

Any project for improvement of a structure to correct violations of existing state or local health, sanitary, or safety code specifications which are the minimum necessary to assure safe living conditions; or
Any alteration of an historic structure, provided that the alteration will not preclude the structure's continued designation as an historic structure.

"Variance" means a grant of relief from a requirement of the floodplain management regulations that permits construction in a manner that would otherwise be prohibited by the floodplain management regulations.

"Violation" means the failure of a structure or other development to be fully compliant with the floodplain management regulations. A structure or other development without the elevation certificate, other certifications, or other evidence of compliance required in the floodplain management regulations is presumed to be in violation until such time as that documentation is provided. "Wet floodproofed" means the application of floodproofing measures that meet applicable FEMA requirements for wet floodproofing.

"Zone A," "zone AO," "zone AH," "zone AE," "zone A99," "zone AR," "zone AR/AE," "zone AR/AO," "zone AR/AH," "zone AR/A," "zone X," and any other zone designated on a flood insurance rate map (FIRM) means the areas that are designated as such zones on a FIRM. (Ord. 2025-0003 § 1;Ord. 2023-0020 § 2; Ord. 2017-0038 § 1; Ord. 2016-0012 § 1; Ord. 2011-046 § 2; Ord. 98022 § 1; prior code § 9.26.1002)

15.104.030 General provisions.¶

A. Lands to Which this Chapter Applies. This chapter shall apply to all special flood hazard areas within the jurisdiction of the city.

B. Adoption of FEMA Study and Maps. The flood insurance study (FIS) for the city of Sacramento dated March 1978, and the flood insurance rate maps (FIRMs) and flood hazard boundary maps (FHBMs) dated February 4, 1988, and all subsequent amendments and/or revisions thereto, are adopted by this reference and declared to be a part of this chapter. The FIS, FIRMs, and FHBMs are on file with the city utilities department floodplain management section, and the city planning and development permit assistance center.

C. Compliance. No structure shall be constructed, located, extended, converted, or substantially improved, nor shall land be graded for development, without full compliance with all applicable terms of the floodplain management regulations and all other applicable provisions of this code, including, but not limited to, all applicable requirements for grading approval and/or building permits, as well as any other laws or regulations, including, but not limited to, all applicable provisions of the California Building Code, as amended. In the event of a conflict between the provisions of this chapter and other provisions of this code or any law or regulation, the more restrictive provision shall govern.

D. Local Administrator. The local administrator shall administer and implement this chapter by exercising all authorities provided in this chapter and other applicable floodplain management regulations.

E. No Abrogation. This chapter is not intended to repeal, abrogate, or impair any existing easements, covenants, or deed restrictions.

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

Considered as minimum requirements;
Liberally construed in favor of the governing body; and
Deemed neither to limit nor repeal any other powers granted under any other law or regulation.

G. Warning and Disclaimer of Liability. 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 man-made or natural causes. This chapter does not imply that land outside the special flood hazard areas and areas of flood-related erosion hazards or uses permitted within such areas will be free from flooding or flood damages. This chapter shall not create liability on the part of the city, any officer or employee thereof, or the Federal Insurance and Mitigation Administration, for any flood damages that result from reliance on this chapter or any administrative decision lawfully made thereunder. H. Severability. This chapter and the various parts thereof are 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. 2011-046 § 2; prior code § 9.26.1003) 15.104.040 Administration. A. Flood Hazard Evaluation. Before beginning construction of any structure or development (including substantial improvement) of any property within any special flood hazard area, the owner of the property or the owner's authorized agent shall apply to the local administrator for a flood hazard evaluation. Application for flood hazard evaluation shall include, but not be limited to, the following: plans drawn to scale showing the nature, location, dimensions, and elevation of the area in question; and the location and dimensions of all existing or proposed structures, fill, storage of materials, and drainage facilities. The local administrator may require the application to be submitted on forms furnished by the local administrator. The following information must be included in the application: 1. Proposed elevation in relation to mean sea level, of the lowest floor (including basement) of all structures;

In zone AO or A, elevation of highest adjacent grade;
Proposed elevation in relation to mean sea level to which any structure will be floodproofed;
All appropriate certifications and permits;
Description of the extent to which any watercourse will be altered or relocated as a result of the proposed development; and
Certifications from the applicant's California-licensed civil engineer:

a. That the requirements of this chapter have been satisfied,

b. That all required state and federal permits have been obtained, c. That the site, subdivision, or other proposed development is reasonably safe from flooding, and d. That the proposed construction or development (including substantial improvements) will not result in any flooding of an existing or proposed structure or cumulative increase to the BFE by more than one foot during the occurrence of a base flood. B. Notwithstanding any other limitation on the period required for retention of public records, the local administrator shall maintain, permanently keep, and make available for public inspection in accordance with the California Public Records Act all records that are necessary for the administration of these regulations and the flood provisions of the building codes, including Flood Insurance Studies and Flood Insurance Rate Maps; documents from FEMA that amend or revise FIRMs; records of issuance of permits and denial of permits; determinations of whether proposed work constitutes substantial improvement or repair of substantial damage; required certifications and documentation specified by the building codes and these regulations; notifications to adjacent communities, FEMA, and the state related to alterations of watercourses; assurance that the flood carrying capacity of altered waterways will be maintained; documentation related to variances, including justification for issuance or denial; and records of enforcement actions taken pursuant to these regulations and the flood provisions of the building codes. C. The local administrator shall perform the following duties with respect to any proposed construction or development (including substantial improvements) in the AR zone: 1. Use the adopted official map or legal description of those designated developed areas within zones AR, AR/AE, AR/AH, AR/A, AR/AO to determine if a proposed project is in a developed area. 2. Determine the base flood elevation to be used for individual projects within developed areas, areas not designated as developed areas, and dual zone areas. (See Section 15.104.050(F) of this chapter.) 3. Provide written notification to the applicant that the area has been designated as an AR, AR/AE, AR/AH, AR/A, or AR/AO zone and whether the structure must be elevated or protected to or above the AR base flood elevation or depth. D. The local administrator may impose, as a condition of any city permit for, or other city approval of, any proposed construction or development (including substantial improvements), the requirement to dedicate or make an irrevocable offer to dedicate drainage, floodplain, and/or floodway easements within the property for which the permit or approval is sought, provided that such dedication requirement is reasonably related to the public needs arising as a result of the proposed construction or development. E. Levee Setback. The proposed construction or development is subject to any applicable levee setback requirements specified in the Planning and Development Code. F. Construction in Easement. No permanent structure (including without limitation garages, patios, concrete slabs, sheds, fences, and similar structures) shall be constructed within a city drainage, floodplain, or floodway easement, unless approved by the local administrator upon execution of a hold harmless agreement approved by the city attorney. G. An applicant who submits hydrologic and hydraulic engineering analyses to support a permit application shall submit to FEMA (within 6 months of such data becoming available) the data and information necessary to maintain the Flood Insurance Rate Maps, when the analyses indicate changes in base flood elevations, flood hazard area boundaries, or floodway designations. H. The local administrator shall require that all new subdivision proposals and other development proposals (including for manufactured home parks and subdivisions) greater than 50 lots or 5 acres, include base flood elevation data. (Ord. 2023-0020 § 3; Ord. 2017-0038 § 2; Ord. 2011-046 § 2; Ord. 98-022 § 2; prior code § 9.26.1004)

15.104.045 Construction or development in flood hazard zone.¶

The decision-maker specified in Title 17 must make one of the findings in Chapter 17.810 prior to approving any of the following for construction or development within a flood hazard zone: A. A development agreement;

B. A discretionary permit or other discretionary entitlement that would result in the construction of a new building or construction that would result in an increase in allowed occupancy for an existing building;

C. A ministerial permit that would result in the construction of a new residence; or

D. A tentative map, or a parcel map for which a tentative map is not required, for a subdivision. (Ord. 2016-0012 § 2)

15.104.050 Requirements for flood hazard reduction.¶

A. Standards of Construction. The following standards and requirements apply in all special flood hazard areas, except as otherwise indicated below:

Anchoring. a. All new construction and substantial improvements must be anchored to prevent flotation, collapse, or lateral movement of the structure resulting from hydrodynamic and hydrostatic loads, including the effects of buoyancy. b. All manufactured homes must meet the anchoring standards specified in subsection C of this section.
Construction Materials and Methods.

a. All new construction and substantial improvements must be constructed with materials and utility equipment resistant to flood damage.
b. All new construction and substantial improvements must be constructed using methods and practices that minimize flood damage.
c. Within zones AH, AO, or AR/AH, adequate drainage paths on slopes are required to guide flood waters around and away from proposed structures. 3. Elevation and Floodproofing.
a. Zones A, AH, AE, and Magpie Creek Floodplain.
i. Zone A. New construction and substantial improvement of any structure in zone A must have the lowest floor elevated a minimum of one foot above the base flood elevation. The applicant shall include base flood elevation data prepared and sealed by a California-licensed civil engineer in accordance with currently accepted engineering practices. ii. Zones AH and AE. New construction and substantial improvement of any structure in zones AH and AE must have the lowest floor elevated a minimum of one foot above the base flood elevation specified in feet on the FIRM. iii. Magpie Creek. New construction and substantial improvement of any structure in the Magpie Creek floodplain must have the lowest floor elevated a minimum of— (A) One foot above the highest adjacent 100-year flood HGL; and

l improvement of any structure in zones AH and AE must have the lowest floor elevated a minimum of one foot above the base flood elevation specified in feet on the FIRM. iii. Magpie Creek. New construction and substantial improvement of any structure in the Magpie Creek floodplain must have the lowest floor elevated a minimum of— (A) One foot above the highest adjacent 100-year flood HGL; and

(B) 18 inches above the controlling overland release point in the public right-of-way. iv. Sufficiency of Data. Studies, analyses, and computations must be submitted in sufficient detail to allow review and approval by the local administrator. The applicant is responsible for the accuracy of data submitted for such determination. Nonresidential structures may meet the standards in subsection A.3.d of this section. b. Zone AO. i. All structures. New construction or substantial improvement of any structure in zone AO must have the lowest floor elevated to a minimum of one foot above the depth number specified in feet on the FIRM at the highest adjacent grade or two feet above the highest adjacent grade if no depth number is specified on the FIRM. ii. Nonresidential structures. Nonresidential structures may meet the standards in subsection A.3.d of this section. c. Upon the completion of the structure, the elevation of the lowest floor must be certified by a California-licensed land surveyor or civil engineer to be properly elevated. Such certification must be provided to the local administrator. d. Nonresidential construction must either be elevated in conformance with subsections A.3.a through c of this section, together with attendant utility and sanitary facilities, or must: i. Be dry floodproofed below the elevation required for the lowest floor so that the structure is watertight with walls substantially impermeable to the passage of water; ii. Have structural components capable of resisting hydrostatic and hydrodynamic loads and effects of buoyancy; and iii. Be certified by a California-licensed civil engineer to be in compliance with the standards of this subsection. Such certification must be provided to the local administrator. e. For all new construction and substantial improvements, fully enclosed areas below the lowest floor that are usable solely for parking of vehicles, building access, or storage, and that are subject to flooding, must be wet floodproofed and designed to automatically equalize hydrostatic flood forces on exterior walls by allowing for the entry and exit of flood waters. Designs for meeting this requirement must either: i. Be certified by a California-licensed civil engineer; or ii. Meet or exceed the following minimum criteria: Provide a minimum of two openings that are located on different exterior walls of the enclosed area, and have a total net area of not less than one square inch for every square foot of enclosed area subject to flooding. The bottom of all openings must be no higher than one foot above grade. Openings may be equipped with coverings or devices, such as screens, louvers, or valves, which permit the automatic entry and exit of flood waters. Buildings with more than one enclosed area must have openings on the exterior walls of each enclosed area. f. To ensure that the areas below the base flood elevation are used solely for parking vehicles, limited storage, or access to the building, and not finished for use as human habitation without first becoming fully compliant with the floodplain management regulations in effect at the time of conversion, the local administrator shall: i. Determine which applications for new construction or substantial improvements have fully enclosed areas below the lowest floor that are five feet or higher; ii. Require the applicant to enter into a non-conversion agreement in a form acceptable to the local administrator. The agreement must be recorded with the Sacramento County recorder as a deed restriction; and iii. Have the authority to inspect any area of a structure below the base flood elevation to ensure compliance upon prior notice of at least 72 hours. g. Manufactured homes must also meet the standards in subsection A.3.d of this section.

ion agreement in a form acceptable to the local administrator. The agreement must be recorded with the Sacramento County recorder as a deed restriction; and iii. Have the authority to inspect any area of a structure below the base flood elevation to ensure compliance upon prior notice of at least 72 hours. g. Manufactured homes must also meet the standards in subsection A.3.d of this section.

h. For elevation and floodproofing requirements in an AR zone, see subsection F of this section.
i. Garages and Other Accessory Structures.
i. Attached Garages.
(A) A garage attached to a residential structure, constructed with the garage floor slab below the base flood elevation, must be wet floodproofed and designed to allow for the automatic entry and exit of flood waters as specified in subsection A.3.e of this section. Areas of the garage below the base flood elevation must be constructed with flood resistant materials. (B) A garage attached to a nonresidential structure must meet the above requirements or be dry floodproofed.
(C) A garage attached to a residential structure may not be built below the highest adjacent grade.
ii. Detached Garages and Other Accessory Structures. (A) Accessory structures may be constructed such that the floor of the accessory structure is below the base flood elevation, provided the structure is designed and constructed in accordance with the following requirements:
(1) Use of the accessory structure must be limited to parking or limited storage;
(2) The portions of the accessory structure located below the base flood elevation must be built using flood-resistant materials;
(3) The accessory structure must be adequately anchored to prevent flotation, collapse, and lateral movement;
(4) Any mechanical and utility equipment in the accessory structure must be elevated or floodproofed to or above the base flood elevation;
(5) The accessory structure must not result in structure flooding (existing or proposed) or cumulative increase to the BFE by more than 1 foot during the occurrence of the base flood as provided in section 15.104.040, A.6.d; and
(6) The accessory structure must be designed to allow for the automatic entry and exit of flood waters in accordance with subsection A.3.e of this section.
(B) Detached garages and other accessory structures not meeting the above requirements must be constructed in accordance with all applicable standards in subsections (A)(3)(a)

through (g) of this section.

j. All new construction and substantial improvements must be constructed with electrical, heating, ventilation, plumbing, air conditioning equipment, and other service facilities elevated or dry floodproofed one foot above the base flood elevation or one foot above the zone AO depth number specified in feet on the FIRM at the highest adjacent grade, or two feet above the highest adjacent grade if no depth number is specified on the FIRM.

B. Standards for Wet Utilities.

All new and replacement water supply and sanitary sewer systems shall be designed to minimize or eliminate infiltration of flood waters into the systems and discharge from the systems into flood waters.
On-site septic and well systems shall be located to avoid impairment to the systems or contamination from the systems during flooding as approved by the Sacramento County health department.

C. Standards for Manufactured Homes.

All manufactured homes that are placed or substantially improved within zones A, AH, AO, AE, AR. AR/AE, AR/AH, and AR/AO on sites located: (a) outside of a manufactured home park or subdivision; (b) in a new manufactured home park or subdivision; (c) in an expansion to an existing manufactured home park or subdivision; or (d) in an existing manufactured home park or subdivision on a site upon which a manufactured home has incurred "substantial damage" as the result of a flood, shall be elevated on a permanent foundation such that the lowest floor of the manufactured home is elevated in accordance to the applicable elevation requirements of subsection (A)(3) and/or (F) of this section and shall be securely fastened to an adequately anchored foundation system to resist flotation, collapse and lateral movement.
All manufactured homes to be placed or substantially improved on sites in an existing manufactured home park or subdivision within zones A, AH, AO, AE, AR, AR/AE, AR/AH, AR/AO, and AR/A that are not subject to the provisions of subsection (C)(1) of this section will be securely fastened to an adequately anchored foundation system to resist flotation collapse, and lateral movement, and be elevated so that either: (a) the lowest floor of the manufactured home complies with the applicable elevation requirements of subsection (A)(3) and/or (F) of this section; or (b) the 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.

D. Standards for Recreational Vehicles. All recreational vehicles placed on sites within zones A, AH, AO, AE, AR, AR/AE, AR/AH, AR/AO, and AR/A:

Shall meet the requirements of section 15.104.040 and the elevation and anchoring requirements for manufactured homes in subsection C.1 of this section; or
Shall not be on the site for more than 180 consecutive days, and shall 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.

E. Floodways. Since the floodway is an extremely hazardous area due to the velocity of flood waters which carry debris, potential projectiles, and erosion potential, the following provisions apply in any floodway:

Encroachments are prohibited, including fill, new construction, substantial improvements, and other development, unless a California-licensed civil engineer certifies that encroachments will not result in any increase in flood levels during the occurrence of the base flood discharge.
If subsection (E)(1) is satisfied, all new construction and substantial improvements shall comply with all other applicable flood hazard reduction provisions of this section.

F. AR Zone Areas. Within areas designated as zones AR, AR/AE, AR/AH, AR/AO, or AR/A, the following standards shall apply:

Developed Areas. All new construction in areas designated as developed areas shall meet the standards of this section using the lower of either the AR base flood elevation (or flood depth) or the elevation that is three feet above the highest adjacent grade.
Areas Not Designated as Developed Areas. All new construction in areas that are not designated as developed areas:

a. Shall meet the standards of this section using the lower of either the AR base flood elevation (or flood depth) or the elevation that is three feet above the highest adjacent grade, where the AR flood depth is equal to or less than five feet above the highest adjacent grade; or
b. Shall meet the standards of this section using the AR base flood elevation, where the AR flood depth is greater than five feet above the highest adjacent grade.

Dual Flood Zones.

a. All new construction in areas within zones AR/AE, AR/AH, AR/AO, or AR/A shall meet the standards of this section using the higher of either the applicable AR zone elevation (as determined under subsection (F)(1) or (F)(2) of this section) or the base flood elevation (or flood depth) for the underlying AE, AH, AO, or A zone.

b. All substantial improvements within zones AR/AE, AR/AH, AR/AO, or AR/A shall meet the standards of this section using the base flood elevation (or flood depth) for the underlying AE, AH, AO, or A zone. (Ord. 2025-0003 § 2; Ord. 2023-0020 § 4; Ord. 2017-0038 § 3; Ord. 2011-046 § 2; Ord. 98-022 § 3; prior code § 9.26.1005)

15.104.060 Variances.¶

A. The local administrator is empowered to issue a variance only for purposes consistent with the objectives of FEMA's floodplain management regulations. A variance could affect flood insurance rates and may result in flood insurance premium rates on structures that are beyond the means of the person receiving the variance. FEMA requires the city to make an annual report on any variance that is granted, and if FEMA determines that such variance is inconsistent with the objectives of sound floodplain management, FEMA may take action to suspend the city from the NFIP.

B. The local administrator may only grant a variance from the terms of one or more requirements in this article based on written findings that:

The variance is authorized under the provisions of Subchapter B, Title 44, Code of Federal Regulations (CFR), Section 60.6, as amended; and
The variance will not adversely affect the public health, safety or welfare; and
Consistent with the general principle of zoning law that variances pertain to a piece of property and are not personal in nature, the variance is justified based on unique physical characteristics of the property subject to the variance which are so unusual that complying with the requirements of this article would create an exceptional hardship to the applicant or the surrounding property owners, and such unique characteristics pertain to the land itself, not to the structure, its inhabitants, nor the property owners.

C. Subject to the requirements of subsection B, a variance may be issued for new construction, substantial improvement, and other proposed new development necessary to conduct a functionally dependent use, provided that the structure or other development is protected by methods that minimize flood damage during the base flood, does not result in additional threats to public safety, and does not create a public nuisance.

D. The local administrator's decision not to grant a variance shall be final and conclusive and shall not be subject to appeal under the provisions of section 15.104.080. (Ord. 2017-0038 § 4; Ord. 2011-046 § 2; prior code § 9.26.1006)

15.104.065 Zone A99 regulations.¶

A. Statement of Purpose and Findings of Fact.

This section is designed to protect the public health and safety, and protect against physical risk to persons and property and losses due to flood conditions in the portion of the Natomas Basin within the city under a Zone A99 flood designation.
Land within the Natomas Basin has historically been subject to periodic flooding. To mitigate flood risk, a system of levees was constructed around the basin's perimeter. For communities protected by levees, FEMA's regulations require a professional engineer's certification that the levees meet federal requirements for design, construction, maintenance, and operation, to protect against a one hundred (100) year flood. (See the National Flood Insurance Act of 1968, set out in 42 U.S.C. Section 4001 et seq.; see also FEMA's implementing regulations, set out in 44 C.F.R. Parts 59.1, 60, and 61.)
In 2006, primarily because of concern about a phenomenon known as "underseepage," the United States Army Corps of Engineers (the Corps) determined that it could no longer certify the Natomas Basin levee system as providing protection from a one hundred (100) year flood. In 2008, the Corps completed additional analysis and determined that the levee system may not provide protection from a flood with a three percent chance of occurring in any given year.
Based on the Corps's determinations, FEMA determined in 2008 that the Natomas Basin is a special flood hazard area and designated the basin as Zone AE on the basin's FIRM, indicating a one percent annual risk of flooding and a twenty-six (26) percent chance of flooding over the term of a thirty (30) year mortgage. As a result, since December 2008 property owners in the Natomas Basin have been required to carry flood insurance for their homes and businesses, and new development has been severely limited: among other things, with some limited exceptions, the lowest floor of new building must be one foot above the base flood elevation. In addition, properties that suffer substantial damage are currently subject to stringent restrictions on rebuilding: if a structure suffers a catastrophic event and the restoration cost equals or exceeds fifty (50) percent of the structure's pre-damage value, then in most cases the structure must be brought into compliance with regulations that govern new construction on land designated as Zone AE, including the requirement that the lowest floor be one foot above base flood elevation. Because the base flood elevation in the Natomas Basin is thirty-three (33) feet, the Zone AE designation has effectively stopped both new construction and the restoration of substantially damaged existing buildings.

ht into compliance with regulations that govern new construction on land designated as Zone AE, including the requirement that the lowest floor be one foot above base flood elevation. Because the base flood elevation in the Natomas Basin is thirty-three (33) feet, the Zone AE designation has effectively stopped both new construction and the restoration of substantially damaged existing buildings.

Working with the Corps and other agencies, the Sacramento Area Flood Control Agency (SAFCA) is currently carrying out the Natomas Levee Improvement Program (the NLIP) to address the deficiencies in the levee system. The immediate goal of the NLIP is to provide the Natomas Basin with protection against a one hundred (100) year flood as soon as possible; the long-term goal is to achieve protection against a two hundred (200) year flood (a flood with a one-half of one percent chance of occurring in any given year).
In early December 2012, in reliance on SAFCA's A99 Eligibility Summary Report, the city, Sacramento County, and Sutter County requested that FEMA approve a revision of the

Natomas Basin FIRM from Zone AE to Zone A99, with final approval contingent on congressional authorization of the Corps's remaining work. Zone A99 is an interim designation that will allow new development to proceed without elevation while the improvements needed to provide one hundred (100) year protection are under construction, but it is still a special flood hazard area. Property owners would need to maintain flood insurance until one hundred (100) year protection is achieved and FEMA changes the basin's designation on the FIRM from Zone A99 to Zone X (Shaded). 7. The 2014 Water Resources Reform & Development Act (WRRDA) directs the Corps to strengthen twenty-four (24) miles of levees surrounding the Natomas Basin. While WRRDA authorizes funding, Congress must also pass annual appropriations totaling approximately six hundred million dollars ($600,000,000.00) to finish the improvements that are needed to achieve one hundred (100) year flood protection. 8. Completion of the NLIP could be delayed for a variety of reasons, including longer-than-expected construction periods and delays in receiving local, state, or federal funding. 9. Flooding can result in property damage, loss of life, health and safety hazards, and 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. 10. The city must regulate construction in all floodplains and floodways to protect life and property, and to promote the orderly development and wise use of the city's floodplains. 11. The city must consider the status of the NLIP and the factors outlined above and balance them against housing inventory; infrastructure financing; investment-backed expectations; development entitlements; the city's ongoing update to its floodplain management plan, which includes emergency planning, additional building standards, protection of critical facilities, and identification of atrisk populations; and the city's new early warning system. 12. The city council finds that the full measure of relief from building restrictions that is allowed under a Zone A99 interim designation does not strike the appropriate balance of these interests at this time, considering risks of flooding and the reasonable and feasible actions already taken or underway to mitigate potential damage with new development in a special flood hazard area. The city council finds that limiting the number of dwelling units developed in each year is necessary to protect the public health and safety, and protect against physical risk to persons and property and losses due to flood conditions in the portion of the Natomas Basin within the city under a Zone A99 flood designation. Based on interpretation of 2010 Census data, the population per dwelling unit is typically less for multiple dwelling units than for single units, resulting in fewer persons and property at risk. At a citywide level, for Census blocks with predominantly multiple dwelling unit types, the average household size was 2.1 persons per household. For Census blocks with predominantly single dwelling unit types, the average household size was 2.7 persons per household. The Sacramento Area Council of Government's regional traffic models differentiate by building types with smaller attached units generating smaller household sizes than larger detached building types. Multiple dwelling unit types typically comprise fewer square feet per dwelling unit than single unit types, indicating the damageable property per dwelling unit is lower for multiple unit types. The city anticipates approximately two-thirds of the build-out housing units in Natomas as single dwelling unit types and one-third as multi-unit types. The city council finds that any residential development limitation should be a balance between single and multiple dwelling unit types.

than single unit types, indicating the damageable property per dwelling unit is lower for multiple unit types. The city anticipates approximately two-thirds of the build-out housing units in Natomas as single dwelling unit types and one-third as multi-unit types. The city council finds that any residential development limitation should be a balance between single and multiple dwelling unit types.

To protect the public health and safety consistent with the above it is necessary to enact the limitations set forth in subsection B on development while Zone A99 designation is in effect. B. Dwelling Units. In addition to compliance with the other provisions of this chapter, issuance of building permits for new dwelling units located within Zone A99 is subject to the following: 1. Limit on Number of Dwelling Units. a. For purposes of this section the following definitions apply. "Dwelling unit" means one or more rooms that include permanent provision for living, sleeping, eating, cooking, and sanitation that are occupied for residential purposes by one or more persons living as a single housekeeping unit. All rooms within a dwelling unit must have their principal entrance from inside the dwelling unit. "Single-unit dwelling" means a structure designated for residential occupancy containing not more than one dwelling unit. "Multi-unit dwelling" means a structure designed for residential occupancy containing two or more dwelling units, or single-unit dwellings sharing a common wall. b. The city may issue building permits for not more than one thousand (1,000) new single-unit dwellings in a calendar year. The city may issue building permits for not more than five hundred (500) new multi-unit dwellings in a calendar year. The following are not dwelling units for purposes of this subsection: 1. Substantial improvement of an existing dwelling unit. 2. Improvement of an existing dwelling unit to correct violations of existing state or local health, sanitary, or safety code specifications which are the minimum necessary to assure safe living conditions. 3. Alteration of an historic structure if the alteration will not preclude the structure's continued designation as a historic structure. c. If the city issues building permits for fewer than one thousand (1,000) new single-unit dwellings, or five hundred (500) new dwelling units in multi-unit dwellings, in any calendar year, beginning with the calendar year 2015, the remaining number of dwelling units for which building permits could have been issued in that year will be carried over, on a cumulative basis, to successive calendar years. 2. Additional Dwelling Units. The city may issue building permits for dwelling units in excess of the limit in subsection (B)(1), if the city council by resolution makes the following findings: a. Allowing the units is consistent with protecting the public health and safety; and b. Allowing the units is consistent with the actions already taken or underway to mitigate potential damage relating to new development in a special flood hazard area; and c. Allowing the units promotes the orderly development and wise use of the city's floodplains. C. Projects involving new construction, substantial improvement, or substantial damage, must satisfy the following requirements: 1. Residential structures. a. The lowest floor of a residential structure must be elevated a minimum of— i. One foot above the highest adjacent 100-year flood HGL; and ii. 18 inches above the controlling overland release point in the public right-of-way. b. The applicant shall submit an elevation certificate signed by a registered professional engineer, surveyor, or architect. 2. Commercial structures. a. The lowest floor, including any basement, of a commercial structure must be elevated or floodproofed a minimum of— i. One foot above the nearest 100-year flood HGL; and ii. 18 inches above the controlling overland release point in the public right-of-way. b. The developer shall provide an elevation certificate signed by a registered professional engineer, surveyor, or architect. c. If the developer is relying on floodproofing measures, the developer shall also provide a floodproofing certificate signed by a registered professional engineer, surveyor, or architect in addition to an elevation certificate. (Ord. 2025-0003 § 3; Ord. 2023- 0020 §5; Ord. 2017-0052 § 1; Ord. 2015-0006 § 1)