Chapter 7-9 — FLOODPLAIN MANAGEMENT

Note: Editor's Note: Ordinance No. 99-07 repealed and replaced Chapter 7-9 in its entirety.

Article 1

Findings of Fact, Purpose, Methods(Legislative History: Ordinance No. 88-015, 8/1/88; Ordinance No. 99-07, 4/9/99 (Sections 7-9-100 — 7-9-110))

(a) The flood hazard areas of the City of San Leandro are subject to periodic inundation which results in loss of life and property, health and safety hazards, disruption of commerce and governmental services, extraordinary public expenditures for flood protection and relief, and impairment of the tax base, all of which adversely affect the public health, safety and general welfare.

(b) These flood losses are caused by uses that are inadequately elevated, floodproofed or protected from flood damage. The cumulative effect of obstructions in areas of special flood hazards which increase flood heights and velocities also contribute to the flood loss.

It is the purpose of this Chapter to promote the public health, safety, and general welfare, and to minimize public and private losses due to flood conditions in specific areas by provisions designed:

(a) To protect human life and health;

(b) To minimize expenditure of public money for costly flood control projects;

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

(d) To minimize prolonged business interruptions;

(e) To minimize damage to public facilities and utilities such as water and gas mains, electric, telephone and sewer lines, and streets and bridges located in areas of special flood hazard;

(f) To help maintain a stable tax base by providing for the sound use and development of areas of special flood hazard so as to minimize future blighted areas caused by flood damage;

(g) To ensure that potential buyers are notified that property is in an area of special flood hazard; and

(h) To ensure that those who occupy the areas of special flood hazard assume responsibility for their actions.

In order to accomplish its purposes, this Chapter includes methods and provisions to:

(a) Restrict or prohibit uses which are dangerous to health, safety, and property due to water
or erosion hazards, or which result in damaging increases in erosion or flood heights or
velocities;

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

(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 increase flood
damage; and

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

Article 2
Definitions(Legislative History: Ordinance No. 88-015, 8/1/88; Ordinance No. 99-07, 4/9/99
(Sections 7-9-200 — 7-9-267))

Note: Editor's Note: Unless specifically defined below, words or phrases used in this
chapter shall be interpreted so as to give them the meaning they have in common usage and
to give this chapter its most reasonable application.

"Accessory use" means a use which is incidental and subordinate to the principal use of the parcel of land on which it is located.

"Alluvial fan" means a geomorphologic feature characterized by a cone or fan-shaped deposit of boulders, gravel, and fine sediments that have been eroded from mountain slopes, transported by flood flows, and then deposited on the valley floors, and which is subject to flash flooding, high velocity flows, debris flows, erosion, sediment movement and deposition, and channel migration.

"Apex" means the point of highest elevation on an alluvial fan which on undisturbed fans is generally the point where the major stream that formed the fan emerges from the mountain front.

"Appeal" means a request for a review of the Floodplain Administrator's interpretation of any provision of this chapter.

"Area of shallow flooding" means a designated AO or All Zone on the Flood Insurance Rate Map (FIRM). The base flood depths range from one to three feet; a clearly defined channel does not exist; the path of flooding is unpredictable and indeterminate; and velocity flow may be evident. Such flooding is characterized by ponding or sheet flow.

"Area of special flood-related erosion hazard" is the land within a community which is most likely to be subject to severe flood-related erosion losses. The area may be designated as Zone E on the Flood Insurance Rate Map (FIRM).

See "Special flood hazard area."

"Area of special mudslide (i.e., mudflow) hazard" is the area subject to severe mudslides (i.e., mudflows). The area is designated as Zone M on the Flood Insurance Rate Map (FIRM).

"Base flood" means a flood which has a one percent chance of being equaled or exceeded in any given year (also called the "100-year flood"). Base flood is the term used throughout this chapter.

"Basement" means any area of the building having its floor subgrade, i.e., below ground level, on all sides.

"Breakaway walls" are any type of walls, whether solid or lattice, and whether constructed of concrete, masonry, wood, metal, plastic or any other suitable building material which is not part of the structural support of the building and which is designed to break away under abnormally high tides or wave action without causing any damage to the structural integrity of the building on which they are used or any buildings to which they might be carried by floodwaters. A breakaway wall shall have a safe design loading resistance of not less than 10 and no more than 20 pounds per square foot. Use of breakaway walls must be certified by a registered engineer or architect and shall meet the following conditions:

(a) Breakaway wall collapse shall result from a water load less than that which would occur during the base flood, and

(b) The elevated portion of the building shall not incur any structural damage due to the effects of wind and water loads acting simultaneously in the event of the base flood.

"Coastal high hazard area" means an area of special flood hazard extending from offshore to the inland limit of a primary frontal dune along an open coast and any other area subject to high velocity wave action from storms or seismic sources. It is an area subject to high velocity waters, including coastal and tidal inundation or tsunamis. The area is designated on a Flood Insurance Rate Map (FIRM) as Zone VI-V30, VE, or V.

"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 or storage of equipment or materials.

"Encroachment" means the advance or infringement of uses, plant growth, fill, excavation, buildings, permanent structures or development into a floodplain which may impede or alter the flow capacity of a floodplain.

"Existing manufactured home park or subdivision" means a manufactured home park or subdivision for which the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including, at a minimum, the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads) is completed before the effective date of the floodplain management regulations adopted by a community.

SUBDIVISION.

"Expansion to an existing manufactured home park or subdivision" means the preparation of additional sites by the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads).

"Flood, flooding, or floodwater" means:

(a) A general and temporary condition of partial or complete inundation of normally dry land areas from the overflow of inland or tidal waters; the unusual and rapid accumulation or runoff of surface waters from any source; and/or mudslides (i.e., mudflows). See "Mudslides"; and

(b) The condition resulting from flood-related erosion. See "Flood-related erosion."

"Flood Boundary and Floodway Map (FBFM)" means the official map on which the Federal Emergency Management Agency or Federal Insurance Administration has delineated both the areas of special flood hazards and the floodway.

"Flood Hazard Boundary Map" means the official map on which the Federal Emergency Management Agency or Federal Insurance Administration has delineated the areas of flood hazards.

"Flood Insurance Rate Map (FIRM)" means the official map on which the Federal Emergency Management Agency or Federal Insurance Administration has delineated both the areas of special flood hazards and the risk premium zones applicable to the community.

"Flood Insurance Study" means the official report provided by the Federal Insurance Administration that includes flood profiles, the Flood Insurance Rate Map, the Flood Boundary and Floodway Map, and the water surface elevation of the base flood.

"Floodplain or flood-prone area" means any land area susceptible to being inundated by water from any source. See "Flooding."

"Floodplain Administrator" is the Chief Building Official.

"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 other zoning ordinances, subdivision regulations, building codes, health regulations, special purpose ordinances (such as grading and erosion control) and other application of police power which control development in flood-prone areas. This term describes Federal, State or local regulations in any combination thereof which provide standards for preventing and reducing flood loss and damage.

"Floodproofing" means any combination of structural and nonstructural additions, changes, or adjustments to structures which reduce or eliminate flood damage to real estate or improved real property, water and sanitary facilities, structures, and their contents.

"Flood-related erosion" means the collapse or subsidence of land along the shore of a lake or other body of water as a result of undermining caused by waves or currents of water exceeding anticipated cyclical levels or suddenly caused by an unusually high water level in a natural body of water, accompanied by a severe storm, or by an unanticipated force of nature, such as a flash flood or an abnormal tidal surge, or by some similarly unusual and unforeseeable event which results in flooding.

PRONE AREA.

"Flood-related erosion area or flood-related erosion-prone area" means a land area adjoining the shore of a lake or other body of water, which due to the composition of the shoreline or bank and high water levels or wind-driven currents, is likely to suffer flood-related erosion damage.

"Flood-related erosion area management" means the operation of an overall program of corrective and preventive measures for reducing flood-related erosion damage, including but not limited to emergency preparedness plans, flood-related erosion control works, and floodplain management regulations.

"Floodway" means the channel of a river or other watercourse and the adjacent land areas that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation more than one foot. Also referred to as "Regulatory Floodway".

"Floodway encroachment lines" means the lines marking the limits of floodways on Federal, State and local floodplain maps.

"Floodway fringe" is that area of the flood plain on either side of the "Regulatory Floodway" where encroachment may be permitted.

"Fraud and victimization" as related to Article 6, Variance Procedure, of this chapter, means that the variance granted must not cause fraud on or victimization of the public. In examining this requirement, the City of San Leandro will consider the fact that every newly constructed building adds to government responsibilities and remains a part of the community for 50 to 100 years. Buildings that are permitted to be constructed below the base flood elevation are subject during all those years to increased risk of damage from floods, while future owners of the property and the community as a whole are subject to all the costs, inconvenience, danger, and suffering that those increased flood damages bring. In addition, future owners may purchase the property, unaware that it is subject to potential flood damage, and can be insured only at very high flood insurance rates.

"Functionally dependent use" means a use which can not perform its intended purpose unless it is located or carried out in close proximity to water. The term includes only docking facilities, port facilities that are necessary for the loading and unloading of cargo or passengers, and ship building and ship repair facilities, and does not include long-term storage or related manufacturing facilities.

"Governing body" is the local governing unit, i.e., county or municipality, that is empowered to adopt and implement regulations to provide for the public health, safety and general welfare of its citizenry.

"Hardship" as related to Article 6, Variance Procedure, of this Chapter means the exceptional hardship that would result from a failure to grant the requested variance. The City of San Leandro requires that the variance be exceptional, unusual, and peculiar to the property involved. Mere economic or financial hardship alone is not exceptional. Inconvenience, aesthetic considerations, physical handicaps, personal preferences, or the disapproval of one's neighbors likewise cannot, as a rule, qualify as an exceptional hardship. All of these problems can be resolved through other means without granting a variance, even if the alternative is more expensive, or requires the property owner to build elsewhere or put the parcel to a different use than originally intended.

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

"Historic structure" means any structure that is listed individually in the National Register of Historic Places (a listing maintained by the Department of Interior) or preliminarily determined by the Secretary of the Interior as meeting the requirements for individual listing on the National Register; certified or preliminarily determined by the Secretary of the Interior as contributing to the historical significance of a registered historic district or a district preliminarily determined by the Secretary to qualify as a registered historic district; individually listed on a state inventory of historic places in states with historic preservation programs which have been approved by the Secretary of Interior; or individually listed on a local inventory of historic places in communities with historic preservation programs that have been certified either by an approved state program as determined by the Secretary of the Interior or directly by the Secretary of the Interior in states with approved programs.

"Levee" means a man-made structure, usually an earthen embankment, designed and constructed in accordance with sound engineering practices to contain, control or divert the flow of water so as to provide protection from temporary flooding.

"Levee system" means a flood protection system which consists of a levee, or levees, and associated structures, such as closure and drainage devices, which are constructed and operated in accord with sound engineering practices.

"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 (see "Basement") 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 non-elevation design requirements of this Chapter. (Note: This definition allows attached garages to be built at grade. Below grade garages are not allowed as they are considered to be basements.)

"Manufactured home" means a structure, transportable in one or more sections, which is built on a permanent chassis and is designed for use with or without a permanent foundation when attached to the required utilities. The term "manufactured home" does not include a "recreational vehicle".

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

"Mean sea level" means, for purposes of the National Flood Insurance Program, the National Geodetic Vertical Datum (NGVD) of 1929 or other datum, to which base flood elevations shown on a community's Flood Insurance Rate Map are referenced.

"Mudslide" (i.e., mudflow) describes a condition where there is a river, flow or inundation of liquid mud down a hillside, usually as a result of a dual condition of loss of brush cover and the subsequent accumulation of water on the ground, preceded by a period of unusually heavy or sustained rain.

"Mudslide (i.e., mudflow) prone area" means an area with land surfaces and slopes of unconsolidated material where the history, geology, and climate indicate a potential for mudflow.

"New construction," for floodplain management purposes, means structures for which the "start of construction" commenced on or after the effective date of floodplain management regulations adopted by this community, and includes any subsequent improvements to such structures.

"New manufactured home park or subdivision" means a manufactured home park or subdivision for which the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including at a minimum, the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads) is completed on or after the effective date of floodplain management regulations adopted by this community.

"Obstruction" means and includes, but is not limited to, any dam, wall, wharf, embankment, levee, dike, pile, abutment, protection, excavation, channelization, bridge, conduit, culvert, building, wire, fence, rock, gravel, refuse, fill, structure, vegetation or other material in, along, across or projecting into any watercourse which may alter, impede, retard or change the direction and/or velocity of the flow of water, or due to its location, its propensity to snare or collect debris carried by the flow of water, or its likelihood of being carried downstream.

"One-hundred-year flood" or "100-year flood." See "Base flood."

"Primary frontal dune" means a continuous or nearly continuous mound or ridge of sand with relatively steep seaward and landward slopes immediately landward and adjacent to the beach and subject to erosion and overtopping from high tides and waves during major coastal storms. The inland limit of the primary frontal dune occurs at the point where there is a distinct change from a relatively mild slope.

"Principal structure" means a structure used for the principal use of the property as distinguished from an accessory use.

"Public safety and nuisance" as related to Article 6, Variance Procedure, of this Chapter means that the granting of a variance must not result in anything which is injurious to safety or health of an entire community or neighborhood, or any considerable number of persons, or unlawfully obstructs the free passage or use, in the customary manner, of any navigable lake, or river, bay, stream, canal, or basin.

"Recreational vehicle" means a vehicle which is built on a single chassis; 400 square feet or less when measured at the largest horizontal projection; designed to be self-propelled or permanently towable by a light-duty truck; and designed primarily not for use as a permanent dwelling but as temporary living quarters for recreational, camping, travel, or seasonal use.

"Regulatory floodway" means the channel of a river or other watercourse and the adjacent land areas that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation more than one foot.

"Riverine" means relating to, formed by, or resembling a river (including tributaries), stream, brook, etc.

"Sand dunes" mean naturally occurring accumulations of sand in ridges or mounds landward of the beach.

"Special flood hazard area (SFHA)" means an area having special flood, mudslide (i.e., mudflow), or floodrelated erosion hazards, and shown on an FHBM or FIRM as Zone A, AO, A1-A30, AE, A99, AH, E, M, V1-V30, VE or V.

"Start of construction" includes substantial improvement and other proposed new development and means the date the building permit was issued, provided the actual start of construction, repair, reconstruction, rehabilitation, addition, placement, or other improvement was within 180 days from the date of the permit. The actual start means either the first placement of permanent construction of a structure on a site, such as the pouring of slab or footings, the installation of piles, the construction of columns, or any work beyond the stage of excavation; or the placement of a manufactured home on a foundation. Permanent construction does not include land preparation, such as clearing, grading, and filling; nor does it include the installation of streets and/or walkways, 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 that is principally above ground; this includes a gas or liquid storage tank or a 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 50% of the market value of the structure before the damage occurred.

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

§ 7-9-264. V ZONE.

See "Coastal high hazard area."

"Variance" means a grant of relief from the requirements of this Chapter which permits construction in a manner that would otherwise be prohibited by this Chapter.

"Water surface elevation" means the height, in relation to the National Geodetic Vertical Datum (NGVD) of 1929, (or other datum, where specified) of floods of various magnitudes and frequencies in the floodplains of coastal or riverine areas.

"Watercourse" means a lake, river, creek, stream, wash, arroyo, channel or other topographic feature on or over which waters flow at least periodically. Watercourse includes specifically designated areas in which substantial flood damage may occur.

Article 3

General Provisions(Legislative History: Ordinance No. 88-015, 8/1/88; Ordinance No. 99-07, 4/9/99 (Sections 7-9-300 — 7-9-330))

This Chapter shall apply to all areas of special flood hazards within the jurisdiction of the City of San Leandro.

The areas of special flood hazard identified by the Federal Insurance Administration (FIA) of the Federal Emergency Management Agency (FEMA) in the Flood Insurance Study (FIS) dated September, 1979 and accompanying Flood Insurance Rate Maps (FIRMs) dated March 18, 1980, and all subsequent amendments and/or revisions, are hereby adopted by reference and declared to be a part of this Chapter. This Flood Insurance Study and attendant mapping is the minimum area of applicability of this Chapter and may be supplemented by studies for other areas which allow implementation of this Chapter and which are recommended to the City of San Leandro by the Floodplain Administrator. The study and FIRMs are on file at the office of the Chief Building Official.

No structure or land shall hereafter be constructed, located, extended, converted, or altered without full compliance with the terms of this Chapter and other applicable regulations. Violation of the requirements (including violations of conditions and safeguards established in connection with conditions) shall constitute a misdemeanor. Nothing herein shall prevent the City of San Leandro from taking such lawful action as is necessary to prevent or remedy any violation.

This Chapter is not intended to repeal, abrogate, or impair any existing easements, covenants, or deed restrictions. However, where this Chapter and another Chapter, easement, covenant, or deed restriction conflict or overlap, whichever imposes the more stringent restrictions shall prevail.

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

(a) Considered as minimum requirements;

(b) Liberally construed in favor of the governing body; and

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

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 areas of special flood 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 of San Leandro, any officer or employee thereof, the State of California, the Federal Emergency Management Agency or the Federal Insurance Administration, for any flood damages that result from reliance on this Chapter or any administrative decision law-fully made hereunder.

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

Article 4

Administration(Legislative History: Ordinance No. 88-015, 8/1/88; Ordinance No. 99-07, 4/9/ 99 (Section 7-9-400 — 7/9/410))

A development permit shall be obtained before any construction or development begins within any area of special flood hazard established in Section 7-9-305. Application for a development permit shall be made on forms furnished by the Floodplain Administrator and may include, but not be limited to: plans in duplicate drawn to scale showing the nature, location, dimensions, and elevation of the area in question; existing or proposed structures, fill, storage of materials, drainage facilities; and the location of the foregoing. Specifically, the following information is required:

(a) Proposed elevation in relation to mean sea level, of the lowest floor (including basement)
of all structures in Zone AO, elevation of highest adjacent grade and proposed elevation of
lowest floor of all structures; or

(b) Proposed elevation in relation to mean sea level to which any structure will be
floodproofed, if required in Section 7-9-500(c)(3).

(c) All appropriate certifications listed in Section 7-9-410(d) of this Chapter; and

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

The Building Official is hereby appointed to administer, implement and enforce this Chapter by granting or denying development permits in accord with its provisions.

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.

(b) Review and Use of any Other Base Flood Data: When base flood elevation data has not
been provided in accordance with Section 7-9-305, 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 5. Any such
information shall be submitted to the City of San Leandro 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, 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) The certification required by Section 7-9-500(c)(1) (floor elevations),

(2) The certification required by Section 7-9-500(c)(2) (elevation or floodproofing of
nonresidential structures),

(3) The certification required by Section 7-9-500(c)(3) (wet floodproofing standard),

(4) The certified elevation required by Section 7-9-510(b) (subdivision standards),

(5) The certification required by Section 7-9-525(a) (floodway encroachments),

(6) The information required by Section 7-9-530(f) (coastal construction standards),

(7) The reports required by Section 7-9-535(c) (Mudflow Standards).

(e) Map Determinations: Make interpretations where needed, as to the exact location of the boundaries of the areas of special flood hazard, for example, where there appears to be a conflict between a mapped boundary and actual. field conditions. The person contesting the location of the boundary shall be given a reasonable opportunity to appeal the interpretation as provided in Article 6.

(f) Remedial Action: Take action to remedy violations of this Chapter as specified in Section 7-9-310.

Article 5

Provisions for Flood Hazard Reduction(Legislative History: Ordinance No. 88-015, 8/1/88; Ordinance No. 99-07, 4/9/99 (Sections 7-9-500 — 7-9-540))

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 of Section 7-9-515.

(b) Construction Materials and Methods: All new construction and substantial improvements
shall be constructed:

(1) With materials and utility equipment resistant to flood damage;

(2) With 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 or accumulating within the components during conditions of flooding; and

(4) If within Zones AH or AO so that there are adequate drainage paths around structures
on slopes to guide floodwaters around and away from proposed structures.

(c) Elevation and Floodproofing: (See Article 2, Definitions for "new construction,"
"substantial damage" and "substantial improvement.")

(1) Residential construction, new or substantial improvements, shall have the lowest
floor, including basement:

(i) In an AO Zone, elevated above the highest adjacent grade to a height equal to or
exceeding the depth number specified in feet on the FIRM, or elevated at least
two feet above the highest adjacent grade if no depth number is specified. (The
State of California recommends that the lowest floor be elevated above the
highest adjacent grade to a height exceeding the depth number specified in feet
on the FIRM by at least one foot, or elevated at least three feet above the highest
adjacent grade if no depth number is specified.)

(ii) In an A Zone, elevated to or above the base flood elevation, as determined by
this community. (The State of California recommends the lowest floor be
elevated at least one foot above the base flood elevation, as determined by the
community).

(iii) In all other Zones, elevated to or above the base flood elevation. (The State of
California recommends the lowest floor be elevated at least one foot above the
base flood elevation.)

(iv) Upon the completion of the structure, the elevation of the lowest floor including basement shall be certified by a registered professional engineer or surveyor, or
be properly elevated. Such certification or verification shall be provided to the
Floodplain Administrator.

(2) Nonresidential construction shall either be elevated to conform with subsection (c)(1)
of this section or together with attendant utility and sanitary facilities:

(i) 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;

(ii) Have structural components capable of resisting hydrostatic and hydrodynamic
loads and effects of buoyancy; and

(iii) Be certified by a registered professional engineer or architect that the standards
of this subsection 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 exceed the
following minimum criteria:

(i) Be certified by a registered professional engineer or architect; or

(ii) Be certified to comply with a local floodproofing standard approved by the
Federal Insurance Administration, Federal Emergency Management Agency; or

(iii) Have a minimum of two openings having 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 shall be no higher than one foot above grade. Openings
may be equipped with screens, louvers, valves or other coverings or devices
provided that they permit the automatic entry and exit of floodwater.

(4) Manufactured. homes shall also meet the standards in Section 7-9-515.

(a) All new and replacement water supply and sanitary sewage systems shall be designed to minimize or eliminate:

(1) Infiltration of flood waters 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.

(a) All preliminary subdivision proposals shall identify the flood hazard area and the elevation of the base flood.

(b) All subdivision plans will provide the elevation of proposed structure(s) and pad(s). If the
site is filled above the base flood elevation, the final first floor and pad elevations shall be
certified by a registered professional engineer or surveyor and provided to the Floodplain
Administrator.

(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 subdivisions shall provide adequate drainage to reduce exposure to flood hazards.

(a) All manufactured homes that are placed or substantially improved, within Zones A1-30, AH, and AE on the community's Flood Insurance Rate Map, 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 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 at least one foot above the base flood elevation and be securely
anchored to an adequately anchored foundation system to resist flotation, collapse and
lateral movement.

(b) All manufactured homes that are placed or substantially improved on sites located within
Zones V1-30, V, and VE on the community's Flood Insurance Rate Map will meet the
requirements of subsection (a) of this section and Section 7-9-530.

(c) 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) of this section will be elevated so that either:

(1) The lowest floor of the manufactured home is at least one foot above the base flood
elevation, or

(2) The manufactured home chassis is supported by reinforced piers or other foundation
elements of at least equivalent strength that are no less than 36 inches in height above
grade and is securely anchored to an adequately anchored foundation system to resist
flotation, collapse, and lateral movement.

(a) All recreational vehicles placed on sites within Zones A1-30, AH, and AE on the community's Flood Insurance Rate Map will either:

(1) Be on the site for fewer than 180 consecutive days;

(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, 15 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 Article 4 of this Chapter and the elevation and anchoring requirements for manufactured homes in Section 7-9-515(a).

(b) Recreation vehicles placed on sites within Zones V1-30, V, and VE on the community's Flood Insurance Rate Map will meet the requirements of subsection (a) of this section and

Located within areas of special flood hazard established in Section 7-9-305 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 or
architect 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 5.

Within coastal high hazard areas as established under Section 7-9-305, 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 valves 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 2 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) Man-made 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.

(a) The Floodplain Administrator shall review permits for proposed construction of other development to determine if it is proposed within a mudslide area.

(b) Permits shall be reviewed to determine that the proposed site and improvement will be reasonably safe from mudslide hazards. Factors to be considered in making this determination include but are not limited to:

(1) Type and quality of soils;

(2) Evidence of groundwater or surface water problems;

(3) Depth and quality of any fill;

(4) Overall slope of the site; and

(5) Weight that any proposed development will impose on the slope.

(c) Within areas which may have mudslide hazards, the Floodplain Administration shall require that:

(1) A site investigation and further review be made by persons qualified in geology and soils engineering;

(2) The proposed grading, excavation, new construction, and substantial improvement be adequately designed and protected against mudslide damages;

(3) The proposed grading, excavations, new construction, and substantial improvement not aggravate the existing hazard by creating either on-site or off-site disturbances; and

(4) Drainage, planting, watering, and maintenance not endanger slope stability.

The Floodplain Administrator shall require permits for proposed construction and other development within all flood-related erosion-prone areas known to the community.

(a) Permit applications shall be reviewed to determine whether the proposed site alterations
and improvements will be reasonably safe from flood-related erosion and will not cause
flood-related erosion hazards or otherwise aggravate the existing hazard.

(b) If a proposed improvement is found to be in the path of flood-related erosion or would increase the erosion hazard, such improvement shall be relocated or adequate protective
measures shall be taken to avoid aggravating the existing erosion hazard.

(c) Within Zone E on the Flood Insurance Rate Map, a setback is required for all new
development from the ocean, lake, bay, riverfront or other body of water to create a safety
buffer consisting of a natural vegetative or contour strip. This buffer shall be designed
according to the flood-related erosion hazard and erosion rate, in relation to the anticipated
"useful life" of structures, and depending upon the geologic, hydrologic, topographic, and
climatic characteristics of the land. The buffer may be used for suitable open space
purposes, such as for agricultural, forestry, outdoor recreation and wildlife habitat areas,
and for other activities using temporary and portable structures only.

Article 6
Variance Procedure(Legislative History: Ordinance No. 88-015, 8/1/88; Ordinance No. 99-07,
4/9/99 (Sections 7-9-600 — 7-9-610))

(a) The variance criteria set forth in this section are based on the general principle of zoning law that variances pertain to a piece 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 the surrounding property owners. 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.

(b) It is the duty of the City of San Leandro to help protect its citizens from flooding. This 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 in
the flood ordinance 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.

(a) The City Council of the City of San Leandro shall hear and decide appeals and requests for variances from the requirements of this Chapter.

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

(c) In passing upon such applications, the City Council shall consider all technical evaluations,
all relevant factors, standards specified in other sections of this Chapter; and the following:

(1) The danger that materials may be swept onto other lands to the injury of others;

(2) The danger of life and property due to flooding or erosion damage;

(3) The 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;

(4) The importance of the services provided by the proposed facility to the community;

(5) The necessity to the facility of a waterfront location, where applicable;

(6) The availability of alternative locations for the proposed use which are not subject to
flooding or erosion damage;

(7) The compatibility of the proposed use with existing and anticipated development;

(8) The relationship of the proposed use to the comprehensive plan and floodplain management program for that area;

(9) The safety of access to the property in time of flood for ordinary and emergency
vehicles;

(10) The expected heights, velocity, duration, rate of rise, and sediment transport of the
floodwaters expected at the site; and

(11) The 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.

(d) Generally, variances may be issued for new construction and substantial improvements to
be erected on a lot of 1/2 acre or less in size contiguous to and surrounded by lots with
existing structures constructed below the base flood level, providing subsections (c)(1)
through (c)(11) have been fully considered. As the lot size increases beyond 1/2 acre, the
technical justification required for issuing the variance increases.

(e) Upon consideration of the factors of subsection (c) of this section and 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.

(f) Any applicant to whom a variance is granted shall be given written notice over the
signature of a community official that 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 for One hundred dollars of insurance coverage, and
such construction below the base flood level increases risks 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 Alameda County Recorder and shall be recorded in a manner so that it
appears in the chain of title of the affected parcel of land.

(a) Generally, variances may be issued for new construction, substantial improvement, and other proposed new development to be erected on a lot of 1/2 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 4 and 5 of this Chapter have been fully considered. As the lot size increases beyond 1/2 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 2 of this Chapter) upon a determination that the proposed repair or rehabilitation
will not preclude the structure's continued designation as an 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 of San
Leandro 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 of San Leandro
believes will both provide relief and preserve the integrity of the local ordinance.

(e) Variances shall only be issued upon a showing of good and sufficient cause; determination
that failure to grant the variance would result in "exceptional hardship" (as defined in
Article 2 of this Chapter) to the applicant; and 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 2 - see "Public safety
and nuisance"), cause fraud or victimization (as defined in Article 2) of the public, or
conflict with existing local laws or ordinances.

(f) 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 Sections 7-9-605(a) through 7-9-605(e) are satisfied and
that the structure or other development is protected by methods that minimize flood
damages during the base flood and does not result in additional threats to public safety and
does not create a public nuisance.

(g) Upon consideration of the factors of Section 7-9-605 and the purposes of this Chapter, the
City of San Leandro may attach such conditions to the granting of variances as it deems
necessary to further the purposes of this Chapter.