Sebastopol Municipal Code Ch. 15.90 Placement of Fill and Elevated Structures in Special Flood Hazard Areas

A. The flood hazard areas of the City of Sebastopol 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.

B. Placement of large quantities of fill in flood hazard areas has the potential to displace floodwaters, raise flood elevations and redirect floodwaters.

C. Placement of large quantities of fill in flood hazard areas has the potential to adversely alter sites’ relationship to existing streets, sidewalks and neighboring sites and buildings adversely affecting commerce, safety surveillance, and community aesthetics.

D. Substantial elevation of the finished first floor of structures to comply with flood hazard requirements has the potential to separate structures from existing streets, sidewalks and neighboring sites and buildings adversely affecting commerce, safety surveillance, and community aesthetics.

A. These regulations are promulgated in order to promote the public health, safety and general welfare, to minimize public and private losses due to flood conditions and to ensure an appropriate pattern of buildings and development in specific areas by provisions designed:

1. To protect human life and health;

2. To minimize expenditure of public money for improvements that may have otherwise been necessary due to placement of fill or construction of substantially elevated buildings;

3. To minimize the displacement of floodwaters or substantial alteration of floodwater flows due to placement of fill material; and

4. To promote a pattern of urban development that maintains an appropriate physical and visual connection with existing streets, sidewalks, buildings and other improvements.

B. These regulations are not intended to supersede Chapter 15.16 SMC, Flood Damage Prevention. In the case of conflict between this chapter and Chapter 15.16 SMC, the more restrictive of the two regulations shall apply.

Methods of minimizing fill and promoting appropriate pattern of buildings and development in flood hazard areas.

In order to accomplish the foregoing purposes the following methods shall be employed pursuant to authority of this chapter:

A. Controlling the filling, grading and other development which may increase flood damage;

B. Regulating the elevation of finished first floors;

C. Providing a mechanism for variations from these requirements; and

D. Such other measures as are deemed necessary and appropriate in light of any special vulnerability to flood damage of a specific site due to location or natural features.

Unless specifically defined in this section or in SMC 15.16.050, words or phrases used in this chapter shall be interpreted to have the meaning they have in common usage and to give this chapter its most reasonable application to effectuate its purposes. The following words and phrases shall for purposes of this chapter have the following meanings:

“Exception” means a grant of relief from the requirements of this chapter which permits construction in a manner that would otherwise be prohibited.

“Fill” means any natural or processed earthen material of any nature whatsoever, including, but not limited to, soil, gravel, crushed rock, concrete or asphalt imported to a lot, tract or parcel other than those materials that are directly incorporated into a building or structure. For purposes of these regulations, “fill” shall not include road, driveway, sidewalk, bicycle path or approved parking area materials used to construct: up to six inches of subgrade, including gravel or rock; up to six inches of material necessary to construct a roadway crown if determined appropriate by the City Engineer; or up to six inches of above-grade concrete, asphalt, gravel or other paving material.

Finished First Floor. For purposes of this chapter, “finished first floor” means the lowest floor of the lowest enclosed area (including basement). An unfinished or flood-resistant enclosure usable solely for parking of vehicles, building access or storage, in an area other than a basement area, is not considered a building’s lowest floor; provided, that such enclosure is not built so as to render the structure in violation of the applicable nonelevation design requirements of the Municipal Code.

A. Finished Grade Prior to Final Inspection.

1. If required by the City Engineer, after construction or other development, but prior to final building inspection, certificate of occupancy or other final approval the applicant shall obtain and furnish to the City a topographic survey, elevation certificate, or as-built plan prepared by a licensed surveyor or engineer, with sufficient scale and contour interval to adequately assess variation in ground surface and determine the average grade after construction or development, unless the requirement for a topographic survey was waived at the time of application, such as for a project not involving grading.

2. The average finished grade of all lots, tracts or parcels after construction of a building or other development, excluding the area occupied by the above-grade building or other development, shall be no greater than 12 inches above the average grade of the lot prior to construction or development. In no instance shall finished grade at any given point be greater than 30 inches above the grade of the lot prior to construction or development. No building or other development shall be occupied or used if the requirements of this section are not met. In areas of substantial grade differential or large lots, the City Engineer may approve variations from this standard; provided, that the intent of this chapter is achieved.

3. Finished grade shall provide an appropriate transition from public streets and sidewalks to the site development, and between the subject parcel and its development and adjacent parcels so as to not result in a substantial visual or physical separation due to grade differential.

4. Any earth material that must be removed from a site in order to comply with the requirements of this chapter shall be transported to an approved disposal site at the applicant’s or property owner’s sole expense and evidence of such disposal shall be furnished to the City Engineer. The location of such site shall be indicated on the project plans and such disposal may require a separate grading permit.

A. Except for residential development in a residential zoning district, the finished first floor of new construction and additions to existing structures shall not be elevated more than 18 inches above the finished grade permitted in SMC 15.90.050.

B. In areas of substantial grade differential or large lots, or where existing structures or development sites are already elevated above the standards set in this section, the Planning Commission may approve exceptions from these standards; provided, that the intent of this chapter is achieved consistent with the findings set forth in SMC 15.90.010 and the purpose set forth in SMC 15.90.020.

A. Except as permitted by the provisions of SMC 15.90.050, no imported fill shall be permitted in areas of special flood hazard except where an equivalent amount of soil material is removed from the project site to a location outside of the flood hazard area and such placement is approved by the City Engineer or where provision has been made on the subject property to balance the capacity to store floodwaters and accommodate potential surface flow in an amount equal to the amount of floodwater likely to be displaced by the fill. Specific measures as required by the City Engineer and Building Official shall be taken to prevent erosion and surface runoff to adjacent properties. All fill shall be compacted per the requirements of the City Engineer at the time of placement.

B. In areas of special flood hazard, any person may place up to five cubic yards of material for every 10,000 square feet of landscaped area, for use solely for landscape maintenance or gardening at a residence or business in any one calendar year.

This chapter shall apply to all areas of special flood hazard within the corporate limits of the City as defined in SMC 15.16.050.

A. No structure or land shall hereafter be located, extended, converted or altered without full compliance with the terms of this chapter and other applicable regulations.

B. Violation of the provisions of this chapter by failure to comply with any of its requirements (including violations of conditions and safeguards established pursuant to the authority of this chapter) after notice of violation and order to comply issued by City officials shall constitute a civil infraction. Any person who violates the provisions of this chapter or fails to comply with any of its requirements shall be subject to a cumulative civil penalty of $500.00 per day from the date set for compliance in the order to comply until such violation is corrected, or compliance with such order occurs. The penalty provided shall be collected by civil action in Sonoma County Superior Court.

C. Nothing contained herein shall be construed to prevent the City from taking such other lawful action as is necessary to prevent or remedy any violation and all violations shall also be subject to abatement pursuant to Chapter 15.12 SMC including removal of unlawful structures, fill or flood barriers, at the owner’s expense.

D. In any action to collect a civil penalty the defendant may show that the violation giving rise to such action was caused by the willful act or neglect of another or that correction of such violation was commenced promptly upon receipt of notice thereof but that full compliance within the time specified was prevented by the inability to obtain necessary materials or labor, or other circumstances or conditions beyond the defendant’s control, and upon such showing the court may abate all or part of the penalty accumulated as justice may require.

This chapter is not intended to repeal, abrogate or impair any existing easements, covenants, or deed restrictions. However, where the provisions of this chapter and any other ordinance, easement, covenant, or deed provision conflict or overlap, whichever imposes the more stringent restrictions shall prevail.

A. This chapter shall be strictly interpreted to effectuate its purposes and where doubt exists as to the meaning of any word or phrase herein, such word or phrase shall be construed in the most restrictive manner in favor of the purposes of this chapter and further provided, the definitions and substantive provisions of Chapter 15.16 SMC may be consulted as an aid to interpretation of these regulations.

B. All provisions of this chapter shall be considered as minimum requirements, and shall be deemed neither to limit nor repeal any other powers granted under State statutes.

The requirements of this chapter are deemed reasonable for the regulatory purposes for which it is enacted. Nothing contained herein shall be construed to assure or warrant that areas outside those identified as areas of special flood hazard or uses permitted within such areas will be free from flooding or flood damages. This chapter shall not create any liability on the part of the City of Sebastopol, any officer or employee thereof or the Federal Insurance Administration, for any damages that result from reliance on this chapter or any administrative decisions lawfully made hereunder.

The City Building Official of the City shall have primary authority to administer and implement the provisions of this chapter and shall have the authority to grant or deny improvement permits in accordance with its provisions.

No land within the areas of special flood hazard shall hereafter be subdivided, or have its lot lines adjusted; nor be improved, filled, graded or cleared; nor shall any structure, including a manufactured home, be constructed, reconstructed, substantially improved, relocated or erected; nor shall any other development, as defined above, be commenced upon such land unless the person responsible therefor shall first obtain a development permit for such action, as set forth in SMC 15.16.150, except that projects of the City of Sebastopol shall not be subject to the provisions of this chapter.

Duties of the City Building Official and City Engineer shall include but not be limited to the following:

A. Permit Review. The City Building Official and City Engineer shall review all applications for permits under this chapter for compliance with the requirements of this chapter.

B. Exceptions. A committee consisting of the City Engineer, Building Official and Planning Director shall review applications for exceptions pursuant to SMC 15.90.160.

C. Whenever necessary to make an inspection to enforce any of the provisions of this chapter or whenever the City Building Official or his designee has reasonable cause to believe that there exists in any building or upon any lands any condition in violation of this chapter, the Building Official or his designee may enter such building or lands at all reasonable times to inspect the same or to perform any duty imposed on the Building Official by this chapter; provided, that if such building or lands be occupied he shall first identify himself and request entry; and if such building or lands are unoccupied he shall first make a reasonable effort to locate the owner or person having control of the building or lands and request entry. If such entry is refused, the Building Official or his designee shall have recourse to every remedy provided by law to secure entry.

D. No owner or occupant or any other person having charge, care or control of any building or lands shall fail or neglect after proper request to promptly permit entry by the Building Official for the purposes authorized above.

A. A committee consisting of the Building Official, Planning Director and City Engineer shall be empowered to review requests for exceptions from the requirements of this chapter.

B. Following a public hearing noticed consistent with the requirements of Chapter 17.460 SMC the Planning Commission shall act on the exception request. In acting upon such applications, the Commission shall consider technical evaluations, standards specified in other sections of this chapter and the following:

1. Whether an alternative approach to improvements would meet the intent of this chapter;

2. Whether the site configuration, slopes, or existing improvements create unique constraints relative to strict compliance with the requirements of this chapter;

3. Whether the improvements will be located on a small parcel contiguous to and surrounded by parcels with existing structures which vary from the requirements of this chapter;

4. Requirements imposed by the Americans with Disabilities Act;

5. The compatibility of the proposed use and improvements with existing and anticipated development;

6. The relationship of the proposed use to the General Plan and zoning designations for that area;

7. The safety of access to the property in times of flood for ordinary and emergency vehicles;

8. The costs of providing public services during and after flood conditions, including maintenance and repair of public utilities and facilities such as sewer, gas, electrical and water systems and streets and bridges.

C. Upon consideration of the factors specified in the foregoing subsection the Committee may approve, approve with conditions such as they deem necessary to further the purposes of this chapter or deny the request.

D. The decision of the Planning Commission on applications shall be subject to appeal to the City Council within five working days from issuance of a written determination pursuant to the provisions set forth in Chapter 17.455 SMC. Upon appeal any decision of the City Council shall be final.

A. Exceptions from the strict application of this chapter may be granted only upon consideration of the matters set forth in SMC 15.90.160.

B. Exceptions may be issued for the reconstruction, rehabilitation or restoration of structures listed on the National Register of Historic Places or a comparable State inventory of historic places without regard for the procedures set forth in this section.

C. Exceptions shall only be issued upon a determination that the exception is the minimum necessary to afford relief.

D. Exception requests shall be denied unless the Planning Commission or City Council on appeal finds on the basis of clear and convincing evidence that:

1. A showing that good and sufficient cause has been made;

2. Failure to grant the exception would result in substantial hardship to the applicant. The applicant shall bear the burden of documenting such hardship; and

3. Granting of an exception will not result in substantially increased flood heights, additional threats to public safety, extraordinary public expense or nuisance, or conflict with any other existing local laws or ordinances.