Chapter 18.88 — FLOOD PROTECTION

• A. Statutory Authorization. Government Code Sections 65302 , 65560 , and 65800 confer upon local government authority to adopt regulations designed to promote the public health, safety, and general welfare. The City Council of the City of Sand City does hereby adopt the following floodplain management regulations to provide the public health and safety.

• B. Purpose.

  1. Limited areas of the City are subject to periodic inundation 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.

  2. These potential flood losses may be caused by uses that are inadequately elevated, flood proofed, or protected from flood damage. The cumulative effect of obstructions in areas of special flood hazards which increase flood heights and velocities also contribute to potential flood loss.

  3. It is the purpose of these regulations 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 to:

• 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 and generally undertaken at the expense of the general public;

• d. Minimize prolonged business interruptions;

• e. 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. 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. Ensure that potential buyers are notified that property is in an area of special flood hazard; and

• h. Ensure that those who occupy the areas of special flood hazard assume responsibility for their actions.

4. In order to accomplish its purposes, these regulations include 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 susceptible to flooding, including facilities which serve such uses, be protected against flood damage at the time of initial construction;

   • c. Control filling, grading, dredging, and other development which may increase flood damage potential; and

   • d. Prevent or regulate the construction of flood barriers which could artificially divert floodwaters or which may increase flood hazards in other areas.

(Ord. 96-01)

Unless specifically defined in this section, words or phrases used in this chapter shall be interpreted so as to give them the meaning they have in common usage. The following are as they relate to these flood prevention acquisitions.

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

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

"Area of shallow flooding" means an AO or AH Zone designated 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 hazard" —See "Special flood hazard area."

"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).

"Base flood" means a flood which has a 1% 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 a building having its floor subgrade—i.e., below ground level—on all sides.

"Breakaway wall" is any type of wall, 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 it is used or any building to which it 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:

1. Breakaway wall collapse shall result from a water load less than that which would occur during the base flood; and

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

"Building" —see "Structure."

"Coastal high hazard area" means an area of special flood hazard extending from offshore to the inland limit of a primary frontal dune along the 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 the Flood Insurance Rate Map (FIRM) as Zone V1-V30, VE, or V.

means an area of special flood hazard extending from offshore to the inland limit of a primary frontal dune along the 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 the Flood Insurance Rate Map (FIRM) as Zone V1-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 Sand City.

"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:

1. A general and temporary condition of partial or complete inundation of normally dry land areas from the overflow of inland or tidal waters; the unusual and rapid accumulation or runoff of surface waters from any source; and

2. 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 Sand City. The FIRM map for Sand City is shown as Exhibit A.

"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 individual appointed to administer and enforce the floodplain management regulations.

"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 the flood protection regulations of Chapter 18.88 of the Municipal Code.

"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. (Refer to FEMA Technical Bulletins TB 1-93, TB 3-93, and TB 7-93 for guidelines on dry and wet floodproofing.)

"Flood-related erosion" means the collapse or subsidence of land along the shore 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, 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.

"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.

"Fraud and victimization" as related to Section 18.88.130 , Exceptions, of this chapter, means that the near exception granted must not cause fraud on or victimization, of the public. In examining this requirement, the City of Sand City 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.

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 cannot 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" means the City of Sand City which is empowered to adopt and implement regulations to provide for the public health, safety and general welfare.

"Hardship" as related to Section 18.88.130 , Exceptions, of this chapter means that exceptional hardship would result from a failure to grant the requested exception. The City of Sand City requires that the exception be 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:

1. Listed individually in the National Register of Historic Places (a listing maintained by the U. S. Department of the Interior) or preliminarily determined by the Secretary of the Interior as meeting the requirements for individual listing on the National Register;

2. Certified or preliminarily determined by the Secretary of the Interior as contributing to the historical significance of a registered historic district or a district preliminarily determined by the Secretary to qualify as a registered historic district;

3. Individually listed on a state inventory of historic places in states with historic preservation programs which have been approved by the Secretary of the Interior; or

4. Individually listed on a local inventory of historic places in communities with historic preservation programs that have been certified either by an approved state program as determined by the Secretary of the Interior or directly by the Secretary of the Interior in states with approved programs.

"Levee" means a person-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 it conforms to applicable non-elevation design requirements, including, but not limited to: (1) the wet floodproofing standard in Section 18.88.090 ; (2) the anchoring standards in Section 18.88.090 ; (3) the construction materials and methods standards in Section 18.88.090 ; and (4) the standards for utilities in Sections 18.88.090 and 18.88.110 . For residential structures, all subgrade enclosed areas are prohibited as they are considered to be basements (see "Basement" definition). This prohibition includes below-grade garages and storage areas.

"Manufactured home" 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.

"Market value" shall be determined by estimating the cost to replace the structure in new condition and adjusting that cost figure by the amount of depreciation which has accrued since the structure was constructed. The cost of replacement of the structure shall be based on a square foot cost factor determined by reference to a building cost estimating guide recognized by the building construction industry. The amount of depreciation shall be determined by taking into account the age and physical deterioration of the structure and functional obsolescence as approved by the floodplain

administrator, but shall not include economic or other forms of external obsolescence. Use of replacement costs or accrued depreciation factors different from those contained in recognized building cost estimating guides may be considered only if such factors are included in a report by an independent professional appraiser and supported by a written explanation of the differences.

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

"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 of the City, 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.

"Market value" shall be determined by estimating the cost to replace the structure in new condition and adjusting that cost figure by the amount of depreciation which has accrued since the structure was constructed. The cost of replacement of the structure shall be based on a square foot cost factor determined by reference to a building cost estimating guide recognized by the building construction industry. The amount of depreciation shall be determined by taking into account the age and physical deterioration of the structure and functional obsolescence as approved by the floodplain administrator, but shall not include economic or other forms of external obsolescence. Use of replacement costs or accrued depreciation factors different from those contained in recognized building cost estimating guides may be considered only if such factors are included in a report by an independent professional appraiser and supported by a written explanation of the differences.

"Obstruction" includes, but is not limited to, any dam, wall, wharf, embankment, levee, dike, pile, abutment, protection, excavation, channelization, bridge, conduit, culvert, building, wire, fence, rock, gravel, refuse, fill, structure, vegetation or other material in, along, across or projecting into any watercourse which may alter, impede, retard or change the direction and/or velocity of the flow of water, snare or collect debris carried by the flow of water, or is likely to be 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 Section 18.88.130 , Variances, 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, neighborhood, or any considerable number of persons, or unlawfully obstructs the free passage or use, in the customary manner, of any navigable waterway.

"Recreational vehicle" means a vehicle which is:

1. Built on a single chassis;

2. 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.

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

"Remedy a violation" means to bring a structure or other development into compliance with these regulations, or, if this is not possible, to reduce the impacts of its noncompliance. Methods that impacts may be reduced include protecting a structure or other affected development from flood damages, implementing the enforcement provisions of this chapter or otherwise deterring future similar violations, or reducing federal financial exposure with regard to the structure or other development.

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

"Sheet flow area" —see "Area of shallow flooding."

"Special flood hazard area (SFHA)" means an area having special flood, or flood-related 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.

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 pre-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:

1. Any project for improvement of a structure to correct existing violations or state or local health, sanitary, or safety code specifications which have been identified by the Sand City code enforcement official and which are the minimum necessary to assure safe living conditions; or

2. Any alteration of a "historic structure," provided that the alteration will not preclude the structure's continued designation as a historic structure.

"Violation" means the failure of a structure or other development to be fully compliant with this chapter. A structure or other development without the elevation certificate, other certifications, or other evidence of compliance required in this chapter is presumed to be in violation until such time as that documentation is provided.

"V zone" —see "Coastal high hazard area."

"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 within Sand City.

"Watercourse" means a lake, river, creek, stream, wash, arroyo, channel, wave run-up area 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. (Ord. 00-03; Ord. 17-04 §25)

• A. Designation of Floodplain Administrator. The Community Development Director is hereby designated to administer, implement, and enforce these regulations by granting or denying development permits in accordance with these provisions.

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 these regulations.

• B. Police Department. The police department of the City is authorized and directed to enforce all the provisions of this chapter.

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

• D. Interpretation. In the interpretation and application of these regulations, all provisions shall be:

  1. Considered as minimum requirements;

  2. Liberally construed in favor of maximizing flood protection; and

  3. Deemed neither to limit nor repeal any other powers granted under state statutes.

• E. Warning and Disclaimer of Liability. The degree of flood protection required by these regulations 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. These regulations do 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. These regulations shall not create liability on the part of the City of Sand City, any officer or employee thereof, the State of California, or the Federal Insurance Administration, Federal Emergency Management Agency, for any flood damages that result from reliance on these regulations or any administrative decision lawfully made hereunder.

• F. Severability. These regulations and the various parts thereof are hereby declared to be severable. Should any section of these regulations be declared by the courts to be unconstitutional or invalid, such decision shall not affect the validity of the regulations as a whole or any portion thereof, other than the section so declared to be unconstitutional or invalid.

• (Ord. 83-2 §1; Ord. 85-6 §1; Ord. 96-01)

The duties and responsibilities of the Floodplain Administrator shall include, but not be limited to, those listed in Section 18.88.060 .

(Ord. 96-01)

• A. Lands to Which These Regulations Apply. These regulations shall apply to all areas of special flood hazards within the jurisdiction of the City of Sand City.

• B. Basis for Establishing the Areas of Special Flood Hazard. 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 June 3, 1986 and accompanying Flood Insurance Rate Maps (FIRMs) and Flood Boundary and Floodway Maps (FBFMs), dated June 3, 1986, and all subsequent amendments and/or revisions, are hereby adopted by reference and declared to be a part of these regulations. This FIS and attendant mapping is the minimum area of applicability of these regulations and may be supplemented by studies for other areas which allow implementation of these regulations and which are recommended to the City Council by the Floodplain Administrator. The study, FIRMs and FBFMs are on file at the City Hall.

• (Ord. 83-2 §3; Ord. 85-6 §3; Ord. 96-01)

Establishment of Development Permit. A development permit shall be obtained before any construction or other development begins within any area of special flood hazard established in Section 18.88.040 . Application for a development permit shall be made on forms furnished by the Floodplain Administrator and shall include the following information.

• A. A site plan, including, but not limited to:

  1. For all proposed structures, spot ground elevations at building corners and 20 foot or smaller intervals along the foundation footprint, or one foot contour elevations throughout the building site; and

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

  3. If available, the base flood elevation from the Flood Insurance Study and/or Flood Insurance Rate Map; and

  4. If applicable, the location of the regulatory floodway; and

• B. Foundation design detail, including, but not limited to:

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

  2. For a crawl-space foundation, location and total net area of foundation openings as required in this chapter and FEMA Technical Bulletins 1-93 and 7-93; and

  3. For foundations placed on fill, the location and height of fill, and compaction requirements (compacted to 95% using the Standard Proctor method); and

• C. Proposed elevation in relation to mean sea level to which any nonresidential structure will be floodproofed, if required in Section 18.88.070(C)(3) of this chapter and FEMA Technical Bulletin TB3-93; and

• D. All appropriate certifications listed in Section 18.88.060(D) of these regulations; and

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

• F. Application. To obtain a permit, the applicant shall first file an application on a form furnished for that purpose. Every application shall:

  1. Identify and describe the work to be covered by the permit for which application is made;

  2. Describe the land on which the proposed work is to be performed done by lot, block, tract and house and street address, or similar description that will readily identify and locate the proposed building or work;

  3. Indicate the use for which the proposed work is intended;

  4. Be accompanied by plans and specifications for proposed construction;

  5. Be assigned by the permittee or his/her authorized agent who may be required to submit evidence to indicate such authority;

  6. Within designated flood prone areas, be accompanied by elevations (in relation to mean sea level) of the lowest floor elevation (including basement) or in the case of floodproofed nonresidential structures, the elevation to which it has been floodproofed. Documentation or certification of such elevations will be maintained by the City Engineer;

7. Give such other information as reasonably may be required by the City Engineer. (Ord. 83-2 §4; Ord. 85-6 §4; Ord. 96-01; Ord. 00-03)

The Planning Department shall review all development permit applications to determine if the site of the proposed development is reasonably safe from flooding and that all necessary permits have been received as required by federal or state law.

• A. Application Review. All development permit applications shall be reviewed to determine that:

  1. Permit requirements of these regulations 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 these regulations, "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.

  1. When base flood elevation data has not been provided in accordance with Section 18.88.040(B) , 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 Section 18.88.070 . Any such information shall then be submitted to the City for adoption.

  2. If no base flood elevation data is available from a federal or state agency or other source, then a base flood elevation shall be obtained using one of two methods from the FEMA publication "Managing Floodplain Development in Approximate Zone A Areas - A Guide for

Obtaining and Developing Base (100-year) Flood Elevations" dated July 1995 in order to administer Section 18.88.070 :

  - a. Simplified method: 100-year or base flood discharge shall be obtained using the appropriate regression equation found in a U.S. Geological Survey publication, or the discharge-drainage area method; and the base flood elevation shall be obtained using the Quick-2 computer program developed by FEMA; or 

  - b. Detailed method: 100-year or base flood discharge shall be obtained using the U.S. Army Corps of Engineers' HEC-HMS computer program; and base flood elevation shall be obtained using the U.S. Army Corps of Engineers' HEC-RAS computer program. 

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

  1. Certification required by Section 18.88.070 )C)(1) (lowest floor elevations);

  2. Certification required by Section 18.88.070(C)(2) (elevation or floodproofing of nonresidential structures);

  3. Certification required by Sections 18.88.070(C)(3) (wet floodproofing standard);

  4. Certification of elevation required by Section 18.88.080(B) (subdivision standards);

  5. Certification required by Section 18.88.120(A)(1) (floodway encroachments); and

  6. Information required by Section 18.88.120(B)(6) (coastal construction standards).

• D. Map Determinations. Interpretations as to the exact location of the boundaries of the areas of special flood hazard shall be made by the Floodplain Administrator. Where there appears to be a conflict between a mapped boundary and actual field conditions, grade and base flood elevations shall be used to determine the boundaries of the special flood hazard area. The person contesting the location of the boundary shall be given a reasonable opportunity to appeal the interpretation as provided in subsection F , below.

• E. Remedial Action. Violations of this chapter shall be remedied as specified in Section 18.88.020(C) .

• F. Appeals. 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 these regulations.

• (Ord. 83-2 §5; Ord. 85-6 §5; Ord. 96-01; Ord. 00-03)

Provisions for Flood Hazard Reduction—Standards of Construction. 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 18.88.090 .

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

  1. With flood-resistant materials as specified in FEMA Technical Bulletin TB 2-93, and utility equipment resistant to flood damage;

  2. Using methods and practices that minimize flood damage;

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

• C. Elevation and Floodproofing. (See Section 18.88.010 , definitions for "basement," "lowest floor," "new construction," "substantial damage" and "substantial improvement.")

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

     • a. In all zones, the lowest floor is to be elevated at least one foot above the base flood elevation. (The State of California recommends the lowest floor be elevated at least two feet above the base flood elevation.)

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 verified by the building inspector to be properly elevated. Such certification or verification shall be provided to the Floodplain Administrator.

2. Nonresidential construction shall either be elevated to conform with Section 18.88.070(C) (1) or together with attendant utility and sanitary facilities:

   • a. Be floodproofed below the elevation recommended under Section 18.88.070(C)(1) so that the structure is watertight with walls substantially impermeable to the passage of water;

   • b. Have structural components capable of resisting hydrostatic and hydrodynamic loads and effects of buoyancy; and

   • c. Be certified by a registered professional engineer or architect that the standards of this section (18.88.070(C)(2)) are satisfied. Such certification shall be provided to the Floodplain Administrator.

3. All new construction and substantial improvement with fully enclosed areas below the lowest floor (excluding basements) that are usable solely for parking of vehicles, building access or storage, and which are subject to flooding, shall be designed to automatically equalize hydrostatic flood forces on exterior walls by allowing for the entry and exit of floodwater. Designs for meeting this requirement shall follow the guidelines in FEMA Technical Bulletins TB 1-93 and TB 7-93 and must exceed the following minimum criteria:

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 shall follow the guidelines in FEMA Technical Bulletins TB 1-93 and TB 7-93 and must exceed the following minimum criteria:

• a. Be certified by a registered professional engineer or architect; or

• b. Be certified to comply with a local floodproofing standard approved by the Federal Insurance Administration, Federal Emergency Management Agency; or

• c. 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 18.88.090 . (Ord. 96-01; Ord. 00-03)

• A. All preliminary subdivision proposals shall identify the special 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. (Ord. 83-2 §7; Ord. 85-6 §7; Ord. 96-01; Ord. 00-03)

• A. All manufactured homes that are placed or substantially improved within Zones A1-30, AH, and AE on the 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 at least one foot above the base flood elevation (the State of California recommends at least two feet 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 Flood Insurance Rate Map will meet the requirements of Section 18.88.090(A) and Section 18.88.120(B) .

• C. All manufactured homes to be placed or substantially improved on sites in an existing manufactured home park or subdivision within Zone V1-30 on the Flood Insurance Rate Map that are not subject to the provisions of Section 18.88.090(A) will be elevated so that either the:

  1. Lowest floor of the manufactured home is at least one foot above the base flood elevation (the State of California recommends at least two feet above the base flood elevation); or

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

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

(Ord. 96-01; Ord. 00-03)

• A. All recreational vehicles placed on sites within Zones A1-30, AH, and AE on the community's Flood Insurance Rate Map must:

  1. Be on the site for fewer than 180 consecutive days; and

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

  3. Meet the permit requirements of Section 18.88.050 of this chapter and the elevation and anchoring requirements for manufactured homes in Section 18.88.090(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 Section 18.88.100(A) and Section 18.88.120(B) .

• (Ord. 96-01)

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

  1. Infiltration of floodwaters into the systems; and

  2. Discharge from the systems into floodwaters.

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

• (Ord. 83-2 §10; Ord. 85-6 §10; Ord. 96-01)

The City will insure that the flood-carrying capacity within the altered or relocated portion of any watercourse is maintained. The City will notify, in riverine situations, adjacent communities and the State Coordinating Office prior to any alteration or relocation of a watercourse, and submit copies of such notifications to the administrator. Moreover, the City will work with appropriate state and federal agencies in every way possible in complying with the National Flood Insurance Program in accordance with the National Flood Disaster Protection Act of 1973.

• A. Floodways. Located within areas of special flood hazard established in Section 18.88.040(B) are areas designated as floodways. All such areas are located west of Highway 1. 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:

  1. 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.

  2. If Section 18.88.120(A)(1) is satisfied, all new construction, substantial improvement, and other proposed new development shall comply with all other applicable flood hazard

reduction provisions of Sections 18.88.070 through 18.88.120 .

• B. Coastal High Hazard Areas. Within coastal high hazard areas as established under Section 18.88.040(B) , the following standards shall apply.

  1. 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 one foot above the base flood level. The pile or column foundation and structure attached thereto is anchored to resist flotation, collapse, and lateral movement due to the effects of wind and water loads acting simultaneously on all building components. Water loading values used shall be those associated with the base flood. Wind loading values used shall be those required by applicable state or city building standards.

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

  3. 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 Section 18.88.010 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.

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

  5. Alteration of sand dunes which would increase potential flood damage is prohibited.

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

• a. Certification by a registered engineer or architect that a proposed structure complies with Section 18.88.120(B)(1).

  - b. 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. 
  

• C. Flood-Related Erosion-Prone Areas.

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

  2. 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.

  3. 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.

  4. A setback is required for all new development from Monterey Bay to create a safety buffer consisting of a natural vegetative or contour strip. This buffer shall be designated according to the flood-related erosion hazard and erosion rate, in relation to the anticipated 50 year economic life of structures, and depending upon the geologic, hydrologic, and topographic characteristics of the land. The buffer may be used for suitable open space purposes, such as for outdoor recreation and wildlife habitat areas, and for other activities using temporary and portable structures only.

• (Ord. 83-2 §9; Ord. 85-6 §9; Ord. 87-07; Ord. 96-01)

• A. Nature of Exceptions. The exception criteria set forth in this section are based on the general principle of zoning law that variances pertain to special property characteristics and are not personal in nature. An exception may be granted for a parcel of property with physical characteristics so unusual that complying with the requirements of these regulations 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 characteristic must pertain to the land itself, not to the structure, its inhabitants, or the property owners.

It is the duty of the City of Sand City 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 exceptions from the flood elevation or from other requirements in this chapter are quite rare.

• B. "Exception" 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.

• C. Appeal Board.

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

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

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

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

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

     • e. Necessity to the facility of a waterfront location, where applicable;

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

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

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

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

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

     • k. Costs of providing governmental services during and after flood conditions, including maintenance and repair of public utilities and facilities such as sewer, gas, electrical, and water system, and streets and bridges.

  2. Any applicant to whom an exception is granted shall be given written notice over the signature of the floodplain administrator that:

     • a. The issuance of an exception to construct a structure below the base flood level will result in increased premium rates for flood insurance up to amounts as high as $25 for $100 of insurance coverage; and

     • b. Such construction below the base flood level increases risks to life and property.

3. The Floodplain Administrator will maintain a record of all exception actions, including justification for their issuance, and report such exceptions issued in its biennial report

submitted to the Federal Insurance Administration of the Federal Emergency Management Agency.

• D. Conditions for Exceptions.

  1. Generally, exceptions 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 Sections 18.88.050 through 18.88.120 of this chapter have been fully considered. As the lot size increases beyond 1/2 acre, the technical justification required for issuing the exception increases.

  2. Exceptions may be issued for the repair or rehabilitation of "historic structures" (as defined in Section 18.88.010 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 exception is the minimum necessary to preserve the historic character and design of the structure.

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

  4. Exceptions shall only be issued upon a determination that the exception 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 these regulations. For example, in the case of exceptions to an elevation requirement, this means the City of Sand City 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 believes will both provide relief and preserve the integrity of these regulations.

  5. Exceptions shall only be issued upon:

     • a. Showing of good and sufficient cause;

     • b. Determination that failure to grant the exception would result in exceptional "hardship" (as defined in Section 18.88.010 of this chapter) to the applicant; and

     • c. Determination that the granting of an exception will not result in increased flood heights, additional threats to public safety, or extraordinary public expense; create a nuisance (see "public safety or nuisance" as defined in Section 18.88.010 ), cause fraud or victimization (as defined in Section 18.88.010 ) of the public, or conflict with existing local laws or ordinances.

  6. Exceptions 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 Section 18.88.130(C)(1) through (C)(5) 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.

ment, and other proposed new development necessary for the conduct of a functionally dependent use provided that the provisions of Section 18.88.130(C)(1) through (C)(5) 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.

7. Upon consideration of the factors of Section 18.88.130(B)(3) and the purposes of this chapter, the City may attach such conditions to the granting of exceptions as it deems necessary to further the purposes of this chapter.

• (Ord. 87-07; Ord. 96-01)

§ 18.88.140. Conflicting Ordinances—Precedence— Amendments.

The ordinance codified in this chapter shall take precedence over conflicting ordinances or parts of ordinances. The City Council may, from time to time, amend the ordinance codified in this chapter to reflect any and all changes in the National Flood Disaster Protection Act of 1973. The regulations of this chapter are in compliance with the National Flood Insurance Program Regulation as published in the Federal Register, Volume 41, Number 207, dated October 26, 1976. (Ord. 83-2 §10; Ord. 85-6 §10; Ord. 87-07; Ord. 96-01)