Salinas Municipal Code § 37-40.020 Applicability

The purpose of the flood (F) overlay district regulations is to:

(a) Protect development from flood-related hazards;

(b) Protect public health, safety, and general welfare by regulation of development within flood-prone areas;

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

(d) Control filling, grading, dredging, and other development which may alter drainage patterns and/or increase flood damage;

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

(f) Control the cumulative effect of development in flood-prone areas that can increase flood heights and velocity, erosion, downstream impacts, and otherwise contribute to flood loss; and

(g) Enhance water quality and groundwater recharge by identifying areas where resources can be placed for this purpose, such as floodplains or other areas, in accordance with the requirements of the latest adopted edition of the city's National Pollutant Discharge Elimination System (NPDES) permit requirements.

(Ord. No. 2463 (NCS).)

(Ord. No. 2541 (NCS), § 2, 7-23-2013)

(a) The flood overlay district may be combined with any zoning district and is located within an area designated within the one-hundred-year flood boundary by the Federal Emergency Management Agency (FEMA) as shown on the Flood Insurance Rate Maps (FIRM), as amended. An area designated for the flood overlay district may be amended if map amendments are approved by FEMA, if supplemental studies show such an amendment is appropriate, and if approved by the city council. The flood overlay district shall be shown by adding "F" to the zoning designation (see Figure 37-40.10).

(b) This division shall be used in conjunction with Ordinance 2383 (NCS) (ordinance to prevent flood damage), adopted on January 23, 2001, as amended. In case of conflict or overlap, whichever imposes the most stringent restrictions/requirements shall prevail. No structure or land shall hereafter be constructed, located, extended, converted, or altered without full compliance with this division, with Ordinance 2383 (NCS), and with all other applicable regulations.

(c) The requirements of this division shall not apply to any project for improvement of a structure to comply with existing state or local health, sanitary, or safety code specifications that are solely necessary to assure safe living conditions.

(Ord. No. 2463 (NCS).)

Use classifications, development regulations, and design standards shall be those of the underlying base zoning district (as identified in Article III: Base District Regulations of the Zoning Code) except as modified by the flood overlay. All new development within the flood overlay district shall comply with the requirements and development regulations of Chapter 9, Article VI: Flood Damage Prevention. New development includes, but is not limited to any man-made change to improved or unimproved real estate, including, but not limited to, buildings or other structures or modifications thereto which affect the exterior dimensions of a structure, relocation of a building or structure, mining, dredging, filling, grading, paving, excavation, or drilling operations.

(Ord. No. 2463 (NCS).)

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This division does not imply that land outside of the flood overlay district will be free from flooding or flood damages. This division shall not create liability on the part of the city or by any officer or employee thereof for any flood damages that result from reliance on this division or any administrative decision made thereunder.

(Ord. No. 2463 (NCS).)

Where a conflict occurs between the flood overlay district and the base district or any other section of the Code, the flood overlay district regulations shall prevail.

(Ord. No. 2463 (NCS).)

Adoption, amendment, or the repeal of the flood overlay district shall be conducted in accordance with the provisions of Article VI, Division 14: Rezones/Pre-zones/Zoning Code Amendments.

(Ord. No. 2463 (NCS).)