Article 16-66

FLOODPLAIN MANAGEMENT

Sections:

The flood hazard areas of the City 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. 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. (Ord. 71-167 § 2 (part), 1996)

It is the purpose of this Article 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. (Ord. 71-167 § 2 (part), 1996)

In order to accomplish its purposes, this Article 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 flood waters;

(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. (Ord. 71-167 § 2 (part), 1996)

(a) Unless specifically defined in subsection (b) of this Section, words or phrases used in this Article shall be interpreted so as to give them the meaning they have in common usage and to give this Article its most reasonable application.

(b) For the purposes of this Article, the following words and phrases shall have the meanings respectively ascribed to them by this Section:

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

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(2) 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.

(3) 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.

(4) Appeal means a request for a review of the Floodplain Administrator's interpretation of any provision of this Article.

(5) Area of shallow flooding means a designated AO or AH 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.

(6) Area of special flood hazard. See "special flood hazard area."

(7) 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").

(8) Basement means any area of the building having its floor subgrade on all sides.

(9) Building. See "structure."

(10) 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.

(11) 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.

(12) 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 this Article.

(13) 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).

(14) Flood, flooding , or flood water means:

(i) 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

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

(15) 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.

(16) 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.

(17) 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.

(18) 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.

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

(20) Floodplain Administrator is the individual appointed to administer and enforce the floodplain management regulations.

(21) Floodplain management means the operation of an overall program of corrective and preventive measures for reducing flood damage and preserving

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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.

(22) Floodplain management regulations means this Article, 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.

(23) 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.

(24) 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."

(25) Floodway fringe is that area of the floodplain on either side of the "regulatory floodway" where encroachment may be permitted.

(26) Fraud and victimization as related to Sections 16-66.150 and 16-66.160, concerning variances, means that the variance granted must not cause fraud on or victimization of the public. In examining this requirement, the City Council will consider the fact that every newly constructed building adds to government responsibilities and remains a part of the community for fifty to one hundred 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.

(27) 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.

(28) Hardship as related to Sections 16-66.150 and 16-66.160, concerning variances, means the exceptional hardship that would result from a failure to grant the requested variance. 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.

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

(30) Historic structure means any structure that is:

(i) 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; or

(ii) Individually listed on a state inventory of historic places.

(31) 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.

(32) 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.

(33) Lowest floor means the lowest floor of the lowest enclosed area, including basement (see "basement" definition).

(i) An unfinished or flood resistant enclosure below the lowest floor that is usable solely for parking of vehicles, building access or storage in an area other than a basement area, is not considered a building's

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lowest floor provided it conforms to applicable nonelevation design requirements, including, but not limited to:

a. The wet floodproofing standard in Section 1666.090(c)(3).

b. The anchoring standards in Section 1666.090(a).

c. The construction materials and methods standards in Section 16-66.090(b).

d. The standards for utilities in Section 16-66.100.

(ii) 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.

(34) 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."

(35) 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.

(36) 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.

(37) 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 the City, and includes any subsequent improvements to such structures.

(38) 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.

ured 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.

(39) 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, 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.

(40) One-hundred-year flood or 100-year flood . See "base flood."

(41) Public safety and nuisance as related to Sections 16-66.150 and 16-66.160, concerning variances, 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.

(42) Recreational vehicle means a vehicle which is

(i) Built on a single chassis;

(ii) Four hundred square feet or less when measured at the largest horizontal projection;

(iii) Designed to be self-propelled or permanently towable by a light-duty truck; and

(iv) Designed primarily for use as temporary living quarters for recreational, camping, travel, or seasonal use.

(43) 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.

(44) Remedy a violation means to bring the structure or other development into compliance with State or local floodplain management regulations, or, if this is not possible, to reduce the impacts of its noncompliance. Ways that impacts may be reduced include protecting the structure or other affected development from flood damages, implementing the enforcement provisions of this Article or otherwise deterring future similar violations, or reducing State or Federal financial exposure with regard to the structure or other development.

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

(46) Sheet flow area . See "area of shallow flooding."

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(47) Special flood hazard area (SFHA) means an area having special flood hazards, and shown on an FHBM or FIRM as Zone A, AO, A1-A30, AE, A99 or AH.

(48) 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 one hundred eighty 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.

(49) Structure means a walled and roofed building that is principally above ground; this includes a gas or liquid storage tank or a manufactured home.

(50) Substantial damage means damage of any origin sustained by a structure whereby the cost of restoring the structure to its before damaged condition would equal or exceed fifty percent of the market value of the structure before the damage occurred.

(51) Substantial improvement means any reconstruction, repair, rehabilitation, addition, or other proposed new development of a structure, the cost of which equals or exceeds fifty percent 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:

(i) Any project for improvement of a structure to correct existing violations or state or city health, sani-

tary, 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

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

(52) Variance means a grant of relief from the requirements of this Article which permits construction in a manner that would otherwise be prohibited by this Article.

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

(54) 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.

(55) 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. (Ord. 71-167 § 2 (part), 1996)

(a) Lands to which this Article applies. This Article shall apply to all areas of special flood hazards within the jurisdiction of the 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 January 17, 1979, and accompanying Flood Insurance Rate Maps (FIRMs) and Flood Boundary and Floodway Maps (FBFMs), dated January 17, 1979, and all subsequent amendments and/or revisions, are hereby adopted by reference and declared to be a part of this Article. This FIS and attendant mapping is the minimum area of applicability of this Article and may be supplemented by studies for other areas which allow implementation

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of this Article and which are recommended to the City Council by the Floodplain Administrator. The study, FIRMs and FBFMs are on file at City Hall.

(c) Compliance. No structure or land shall hereafter be constructed, located, extended, converted, or altered without full compliance with the terms of this Article 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 Council from taking such lawful action as is necessary to prevent or remedy any violation.

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

(e) Interpretation. In the interpretation and application of this Article, all provisions shall be:

(1) Considered as minimum requirements;

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

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

(f) Warning and disclaimer of liability. The degree of flood protection required by this Article 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 Article 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 Article shall not create liability on the part of the City or 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 this Article or any administrative decision lawfully made hereunder.

ses permitted within such areas will be free from flooding or flood damages. This Article shall not create liability on the part of the City or 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 this Article or any administrative decision lawfully made hereunder.

(g) Severability. This Article and the various parts thereof are hereby declared to be severable. Should any Section of this Article be declared by the courts to be unconstitutional or invalid, such decision shall not affect the validity of the Article as a whole, or any portion thereof other than the Section so declared to be uncon-

stitutional or invalid. (Ord. 71-167 § 2 (part), 1996)

A development permit shall be obtained before any construction or other development begins within any area of special flood hazard established in Section 16-66.050(b). 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 nonresidential structure will be floodproofed, if required in Section 16-66.090(c)(3); and

(c) All appropriate certifications listed in Section 16-66.080(d) of this Article; and

(d) Description of the extent to which any watercourse will be altered or relocated as a result of proposed development. (Ord. 71-167 § 2 (part), 1996)

The City Manager or his/her designee is hereby appointed to administer, implement, and enforce this Article. (Ord. 71-167 § 2 (part), 1996)

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

(a) Permit review. Review all development proposals to determine that:

(i) Permit requirements of this Article have been satisfied,

(ii) All other required State and Federal permits have been obtained,

(iii) The site is reasonably safe from flooding; and

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(iv) 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 Article, "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 16-66.050(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 Sections 16-66.090 through 1666.140. Any such information shall be submitted to the City Council for adoption.

(c) Notification of other agencies. Whenever a watercourse is to be altered or relocated, the Floodplain Administrator shall:

(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;

(3) Require that the flood carrying capacity within the altered or relocated portion of said watercourse is maintained; and

(4) Within six months of project completion or availability of information concerning an increase or decrease in base flood elevation resulting from alteration or relocation of a watercourse, whichever comes first, submit or assure that the permit applicant submits technical or scientific data to FEMA for a letter of map revision (LOMR).

(d) Documentation of floodplain development. Obtain and maintain for public inspection and make available as needed the following:

(1) Certification required by Section 1666.090(c)(1) (lowest floor elevations);

(2) Certification required by Section 1666.090(c)(2) (elevation or floodproofing of nonresidential structures);

(3) Certification required by Section 1666.090(c)(3) (wet floodproofing standard);

(4) Certification of elevation required by Section 16-66.110 (subdivision standards);

(5) Certification required by Section 16-66.140(a) (floodway encroachments).

(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 Section 16-66.085.

(f) Remedial action. Take action to remedy violations of this Article as specified in Section 16-66.050(c). (Ord. 71-167 § 2 (part), 1996; Ord. No. 320, § 1.G.29, 11-5-2014)

(a) The Planning Commission 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 Article. Such appeals shall be governed by the procedure set forth in Article 15-90 of Chapter 15 of this Code and, in addition thereto, the Planning Commission shall be guided by the consideration listed in Section 16-66.150(b) of this Article.

(b) In the event a floodplain (development) permit is issued by the Planning Commission, as provided in Section 16-66.060, the Commission shall make the determinations prescribed in Section 16-66.080(a) with respect to such permit. (Ord. 71-167 § 2 (part), 1996)