Chapter 1 — FLOODPLAIN MANAGEMENT

The city hereby finds that:

• A. 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; and

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

• (Ord. 93-140, 1993)

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

  1. Protect human life and health;

  2. Minimize expenditure of public money for costly flood control projects;

  3. Minimize the need for rescue and relief efforts associated with flooding and generally undertaken at the expense of the general public;

  4. Minimize prolonged business interruptions;

  5. 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;

  6. 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;

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

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

• B. Methods of Reducing Flood Losses. In order to accomplish its purposes, this chapter includes methods and provisions to:

  1. 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;

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

  3. Control the alteration of natural floodplains, stream channels and natural protective barriers, which help accommodate or channel floodwaters;

  4. Control filling, grading, dredging and other development which may increase flood damage; and

  5. Prevent or regulate the contribution of flood barriers which will unnaturally divert floodwaters or which may increase flood hazards in other areas.

• (Ord. 93-140, 1993)

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

Accessory Use. A use which is incidental and subordinate to the principal use of the parcel of land on which it is located.

Agricultural Structure. A walled and roofed structure used exclusively for agricultural purposes or uses in connection with the production, harvesting, storage, raising, or drying of agricultural commodities and livestock, including aquatic organisms. Structures that house tools or equipment used in connection with these purposes or uses are also considered to have agricultural purposes or uses.

Alluvial Fan. 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.

Alteration of a Watercourse. A dam, impoundment, channel relocation, change in channel alignment, channelization, or change in cross-sectional area of the channel or the channel capacity, or any other form of modification which may alter, impede, retard or change the direction and/or velocity of the riverine flow of water during conditions of the base flood.

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

Appeal. A request for a review of the floodplain administrator's interpretation of any provision of this chapter.

Area of Shallow Flooding. 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.

ASCE 24. The standard Flood Resistant Design and Construction, referenced by the building code, developed and published by the American Society of Civil Engineers, Reston, VA. Where cited, ASCE 24 refers to the edition of the standard that is referenced by the building code.

Base Flood. 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.

Base Flood Elevation. The elevation of the base flood, including wave height, relative to the National Geodetic Vertical Datum (NGVD), North American Vertical Datum (NAVD) or other datum specified on the Flood Insurance Rate Map (FIRM). [Also defined in CCR Title 24 Part 2.]

Basement. Any area of the building having its floor subgrade, i.e., below ground level on all sides. Building. See definition of Structure.

Building Code. California Code of Regulations Title 24 , the California Building Standards Code, the family of building codes specifically adopted by the State of California and composed of:

1. Part 2, applicable to buildings and structures other than dwellings within the scope of this part;

2. Part 2.5, applicable to one- and two-family dwellings and townhouses not more than three stories, and accessory structures;

3. Part 10, applicable to existing buildings (as defined in that code); and

4. Other specified codes.

Design Flood. The flood associated with the greater of the following two areas:

1. Area with a floodplain subject to a 1-percent or greater chance of flooding in any year.

2. Area designated as a flood hazard area on a community's flood hazard map, or otherwise legally designated.

Design Flood Elevation. The elevation of the "design flood," including wave height, relative to the datum specified on the community's legally designated flood hazard map. In areas designated as Zone AO, the design flood elevation shall be the elevation of the highest existing grade of the building's perimeter plus the depth number (in feet) specified on the flood hazard map. In areas designated as Zone AO where a depth number is not specified on the map, the depth number shall be taken as being equal to two feet (610 mm).

Development. Any manmade 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.

Dry Floodproofing. A combination of design modifications that results in a building or structure, including the attendant utilities and equipment and sanitary facilities, being water tight with walls substantially impermeable to the passage of water and with structural components having the capacity to resist loads as identified in ASCE 7.

Encroachment. 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.

Exceptional Hardship. For the purpose of variances from these regulations or the building code, the exceptional difficulty that would result from a failure to grant a requested variance. Mere economic or financial hardship is not exceptional. Inconvenience, aesthetic considerations, physical handicaps, personal preferences, or the disapproval of one's neighbors do not, as a rule, qualify as exceptional hardships. All of these circumstances can be resolved through other means without granting variances, even when the alternatives are more expensive or require the property owner to build elsewhere or put the parcel to a different use than originally intended.

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

Expansion to an Existing Manufactured Home Park or Subdivision. The preparation of additional sites by the construction 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 Control Project. A dam or barrier designed and constructed to keep water away from or out of a specified area, including but not limited to levees, floodwalls, and channelization.

Flood Damage-Resistant Materials. Any construction material capable of withstanding direct and prolonged contact with floodwaters without sustaining any damage that requires more than cosmetic repair.

Flood Hazard Area. The greater of the following two areas:

1. The area within a floodplain subject to a 1-percent or greater chance of flooding in any year.

2. The area designated as a flood hazard area on a community's flood hazard map, or otherwise legally designated.

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

Flood Insurance Study. The official report provided by the Federal Emergency Management Agency that includes flood profiles, the flood insurance rate map and the water surface elevation of the base flood.

Flood, Flooding or Floodwater.

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/or mudslides (i.e., mudflows).

2. The condition resulting from flood related erosion.

Floodplain Administrator. The individual appointed to administer and enforce the floodplain management regulations.

Floodplain Management. 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. This chapter and other zoning chapters, subdivisions, regulations, building codes, health regulations, special purpose chapters (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.

Floodplain or Flood Prone Area. Any land area susceptible to being inundated by water from any source. See definition of Flood, Flooding or Floodwater.

Floodproofing. 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.

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

Floodway Encroachment Lines. The lines making the limits of floodways on federal, state and local floodplain maps.

Floodway Fringe. That area of the floodplain on either side of the regulatory floodway where encroachment may be permitted.

Fraud and Victimization. As related to Section 13-1-12C of this chapter, 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 50 to 100 years. Buildings that are permitted to be constructed below the base flood elevation are subject during all those years to increased risk of damage from floods, while future owners of the property and the community as a whole are subject to all the costs, inconvenience, danger and suffering that those increased flood damages bring. In addition, future owners may purchase the property, unaware that it is subject to potential flood damage, and can be insured only at very high flood insurance rates.

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

Governing Body. The local governing unit, i.e., county or municipality, that is empowered to adopt and implement regulations to provide for the public health, safety and general welfare of its citizenry. Hardship. As related to Section 13-1-12C of this chapter, means exceptional hardship that would result from a failure to grant the requested variance. The City requires that the variance be exceptional, unusual and peculiar to the property involved. Mere economic or financial hardship alone is not exceptional. Inconvenience, aesthetic considerations, physical handicaps, personal preferences or the disapproval of one's neighbors likewise cannot, as a rule, qualify as an exceptional hardship. All of these problems can be resolved through other means without granting a variance, even if the alternative is more expensive, or requires the property owner to build elsewhere or put the parcel to a different use than originally intended.

Highest Adjacent Grade. The highest natural elevation of the ground surface prior to construction next to the proposed walls of a structure.

Historic Structure. Any structure that is:

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

2. Certified or preliminarily determined by the Secretary of Interior as contributing to the historical significance of a registered historic district or a district preliminarily determined by the Secretary of Interior 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 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 Interior or directly by the Secretary of Interior in states with approved programs.

Letter of Map Change (LOMC). An official determination issued by FEMA that amends or revises an effective Flood Insurance Rate Map or Flood Insurance Study. Letters of Map Change include:

1. Letter of Map Amendment (LOMA):. An amendment based on technical data showing that a property was incorrectly included in a designated special flood hazard area. A LOMA amends the current effective Flood Insurance Rate Map and establishes that a specific property, portion of a property, or structure is not located in a special flood hazard area.

2. Letter of Map Revision (LOMR):. A revision based on technical data that may show changes to flood zones, flood elevations, special flood hazard area boundaries and floodway delineations, and other planimetric features.

3. Letter of Map Revision Based on Fill (LOMR-F):. A determination that a structure or parcel of land has been elevated by fill above the base flood elevation and is, therefore, no longer

located within the special flood hazard area. In order to qualify for this determination, the fill must have been permitted and placed in accordance with the community's floodplain management regulations.

4. Conditional Letter of Map Revision (CLOMR):. A formal review and comment as to whether a proposed flood protection project or other project complies with the minimum NFIP requirements for such projects with respect to delineation of special flood hazard areas. A CLOMR does not revise the effective Flood Insurance Rate Map or Flood Insurance Study; upon submission and approval of certified as-built documentation, a Letter of Map Revision may be issued by FEMA to revise the effective FIRM.

Levee. A manmade 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. 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.

Light-Duty Truck. As defined in 40 C.F.R. 86.082-2, any motor vehicle rated at 8,500 pounds Gross Vehicular Weight Rating or less which has a vehicular curb weight of 6,000 pounds or less and which has a basic vehicle frontal area of 45 square feet or less, which is:

1. Designed primarily for purposes of transportation of property or is a derivation of such a vehicle; or

2. Designed primarily for transportation of persons and has a capacity of more than twelve (12) persons; or

3. Available with special features enabling off-street or off-highway operation and use.

Lowest Floor. The lowest floor of the lowest 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 definition of Basement) is not considered a building's lowest floor, provided that such enclosure is not built so as to render the structure in violation of the applicable nonelevation design requirements of this chapter. (Note. This definition allows attached garages to be built at grade. Below grade garages are not allowed as they are considered to be basements.)

Manufactured Home. 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. A parcel (or contiguous parcels) of land divided into two or more manufactured home lots for rent or sale.

Market Value. The price at which a property will change hands between a willing buyer and a willing seller, neither party being under compulsion to buy or sell and both having reasonable knowledge of relevant facts. As used in these regulations, the term refers to the market value of buildings and structures, excluding the land and other improvements on the parcel. Market value shall be determined by one of the following methods: (1) actual cash value (replacement cost depreciated for age and quality of construction); (2) tax assessment value adjusted to approximate market value by a factor provided by the Property Appraiser; or (3) established by a qualified independent appraiser.

Mean Sea Level. For purposes of the National Flood Insurance Program, the North American Vertical Datum of 1988 (NAVD88), or other datum, to which base flood elevation shown on a community's flood insurance rate map 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 adopted by this community, and includes any subsequent improvements to such structures.

New Manufactured Home Park or Subdivision. 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.

Nuisance. That 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.

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.

One Hundred Year Flood or 100-Year Flood. See definition of Base Flood.

Permit for Floodplain Development. An official document or certificate issued by the community, or other evidence of approval or concurrence, which authorizes performance of specified development activities that are located in flood hazard areas and that are determined to be compliant with these regulations.

Principal Structure. A structure used for the principal use of the property as distinguished from an accessory use.

Public Safety and Nuisance. As related to Section 13-1-12C of this chapter, means that the granting of a variance must not result in anything which is injurious to safety or health of an entire community or neighborhood, or any considerable number of persons, or unlawfully obstructs the free passage or use, in the customary manner, of any navigable lake, river, bay, stream, canal or basin.

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

Riverine. Relating to, formed by, or resembling a river (including tributaries), stream, brook, etc. Sheet Flow Area. See definition of Area of Shallow Flooding.

Special Flood Hazard Area (SFHA). An area having special flood, mudslide (i.e., mudflow), and shown on a FIRM as Zone A, AO, A1-A30, AE, A99, AH, E, M.

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 12 months from 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 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 the alteration affects the external dimensions of the building.

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

Substantial Damage. Damage of any origin sustained by a structure whereby the cost of restoring the structure to its before damaged condition would equal or exceed 50% of the market value of the structure before the damage occurred.

Substantial Improvement. Any reconstruction, rehabilitation, addition or other proposed new development of a structure within a 24-month period, 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 local 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.

Utility and Miscellaneous Group U. Buildings and structures of an accessory character and miscellaneous structure not classified in any special occupancy, as described in the building code.

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

Violation. 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.

Water Surface Elevation. The height, in relation to the North American Vertical Datum of 1988 (NAVD88), or other datum of floods of various magnitudes and frequencies in the floodplains of coastal or riverine areas.

Watercourse. 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. 15-313, 2015; Ord. 26-0391, 3/23/2026)

• A. Lands to Which Chapter Applies. This chapter shall apply to all areas of special flood hazards within the jurisdiction of the City.

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

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

• D. Interpretation. In the interpretation and application of this chapter, 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.

• E. Statutory Authority. Legislature of the State of California has, in Government Code Sections 65302 , 65560 , and 65800 , conferred upon local governments the authority to adopt regulations designed to promote the public health, safety, and general welfare of its citizenry.

• (Ord. 93-140, 1993; Ord. 26-0391, 3/23/2026)

• A. Warning and Disclaimer of Liability.The degree of flood protection required by this chapter is considered reasonable for regulatory purposes and is based on scientific and engineering considerations. Larger floods can and will occur on rare occasions. Flood heights may be increased by manmade or natural causes. This chapter does not imply the land outside the areas of special flood hazards or uses permitted within such areas will be free from flooding or flood damages. This chapter shall not create liability on the part of the City, any officer or employee thereof, the state or the Federal Emergency Management Agency, for any flood damages that result from reliance on this chapter or any administrative decision lawfully made hereunder.

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

• (Ord. 15-313, 2015; Ord. 26-0391, 3/23/2026)

• A. Designated. The Public Works Director or designee is hereby appointed to administer, implement and enforce this chapter by granting or denying development permits in accord with its provisions.

• B. Duties and Responsibilities. The duties and responsibilities of the Floodplain Administrator shall include, but not be limited to, the following:

  1. Permit Review. Review all development permits to determine that:

     • a. Permit requirements of this chapter have been satisfied;

     • b. All other required state and federal permits have been obtained;

     • c. The site is reasonably safe from flooding;

     • d. The proposed development does not adversely affect the carrying capacity of areas where base flood elevations have been determined but a floodway has not been designated. For purposes of this chapter, "adversely affects" means that the cumulative effect of the proposed development will increase the water surface elevation of the base flood more than one foot at any point; and

     • e. All development subject to the provisions of this chapter shall be referred to the County flood control and water conservation district for review. All new development, including

construction, excavation and grading, except for flood control projects and nonstructural agricultural uses, shall be prohibited in the floodway unless offsetting improvements in accordance with this chapter, are provided. All requirements or conditions imposed by county flood control shall be met.

2. Review and Use of Any Other Base Flood Data. When base flood elevation data has not been provided in accordance with Section 13-1-7 of this chapter, 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 13-1-10 and 13-1-11 of this chapter. Any such information shall be submitted to the City for adoption.

3. Notification of Other Agencies. In alteration or relocation of a watercourse:

   • a. Notify adjacent communities and the California Department of Water Resources prior to alteration or relocation;

   • b. Submit evidence of such notification to the Federal Insurance Administration, Federal Emergency Management Agency; and

   • c. Assure that the flood carrying capacity within the altered or relocated portion of said watercourse is maintained.

4. Notification of Other Agencies. In base flood elevation changes due to physical alterations:

   • a. Within six months of information becoming available or project completion, whichever comes first, the Floodplain Administrator shall submit or assure that the permit applicant submits technical or scientific data to FEMA for a letter of map revision (LOMR).

   • b. All LOMRs for flood control projects are approved prior to the issuance of building permits. Building permits must not be issued based on conditional letters of map revision (CLOMRs). Approved CLOMRs allow construction of the proposed flood control project and land preparation as specified in the "start of construction" definition.

• c. Such submissions are necessary so that upon confirmation of those physical changes affecting flooding conditions, risk premium rates and floodplain management requirements are based on current data.

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

   • a. Certification required by Section 13-1-10A.3.a of this chapter (floor elevations);

   • b. Certification required by Section 13-1-10A.3.b of this chapter (elevation or floodproofing of nonresidential structures);

   • c. Certification required by Section 13-1-10A.3.c of this chapter (wet floodproofing standard);

   • d. Certification of elevation required by Section 13-1-10C.2 of this chapter (subdivision standards);

   • e. Certification required by Section 13-1-11A of this chapter (floodway encroachments).

6. 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 13-1-12 of this chapter.

   7. Remedial Action. Take action to remedy violations of this chapter as specified in Section 131-4B of this chapter.

   8. Notify FEMA of Changes in Base Flood Elevations. As soon as practical, but no later than six (6) months after the date information becomes available that base flood elevations have changed as a result of physical changes affecting flooding conditions, notify the Administrator of the changes by submitting technical or scientific data in accordance with 44 CFR Part 65 .

• C. Appeals. The City Council shall hear and decide appeals when it is alleged there is an error in any requirement. A decision or determination made by the Floodplain Administrator in the enforcement or administration of this chapter.

• (Ord. 15-313, 2015; Ord. 26-0391, 3/23/2026)

The Flood Insurance Study (FIS) for Santa Barbara County, California and Incorporated Areas, dated September 28, 2018, and all subsequent amendments and revisions, and the accompanying flood insurance rate maps (FIRMs), and all subsequent amendments and/or revisions, are hereby adopted by reference and declared to be a part of this chapter. Where the building code establishes flood hazard areas, such areas are established by this section. The FIS and attendant mapping is the minimum area of applicability of this chapter and may be supplemented by studies for other areas which allow implementation of this chapter and which are recommended to the City by the Floodplain Administrator. Maps and studies that establish flood hazard areas are on file at the City's Department of Public Works.

(Ord. 15-313, 2015; Ord. 26-0391, 3/23/2026)

A development permit shall be obtained before any construction or other development begins within any area of special flood hazard established in Section 13-1-7 of this chapter. Application for a development permit shall be made on forms furnished by the Floodplain Administrator and may include, but not be limited to: plans in duplicate drawn to scale showing the nature, location, dimensions and elevation of the area in question; existing or proposed structures, fill, storage of materials, drainage facilities; and the location of the foregoing. Specifically, the following information is required:

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

• B. Proposed elevation in relation to mean sea level to which any structure will be floodproofed, if required in Section 13-1-10A.3.c of this chapter; and

• C. All appropriate certifications listed in Section 13-1-6B.4 of this chapter; and

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

• (Ord. 93-140, 1993)

For applications for building permits to improve buildings and structures, including alterations, movement, repair, additions, rehabilitations, renovations, substantial improvements, repairs of substantial damage, and any other improvement of or work on such buildings and structures, the Floodplain Administrator, in coordination with the Building Official, shall:

• A. Estimate the market value, or require the applicant to obtain a professional appraisal prepared by a qualified independent appraiser, of the market value of the building or structure before the start of construction of the proposed work; in the case of repair, the market value of the building or structure shall be the market value before the damage occurred and before any repairs are made.

• B. Compare the cost to perform the improvement, the cost to repair the damaged building to its pre-damaged condition, or the combined costs of improvements and repairs, where applicable, to the market value of the building or structure.

• C. Determine and document whether the proposed work constitutes substantial improvement or repair of substantial damage.

• D. Notify the applicant when it is determined that the work constitutes substantial improvement or repair of substantial damage and that compliance with the flood resistant construction requirements of the building code is required and notify the applicant when it is determined that work does not constitute substantial improvement or repair of substantial damage.

• (Ord. 26-0391, 3/23/2026)

• [1] Editor's Note: This ordinance also renumbered subsequent sections.

• A. General. In all areas of special flood hazards the following standards are required:

  1. Anchoring.

     • a. 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 effect of buoyancy.

     • b. All manufactured homes shall meet the anchoring standards of subsection D of this section.

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

     • a. With materials and utility equipment resistant to flood damage;

     • b. Using methods and practices that minimize flood damage;

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

     • d. Within Zones AH or AO, so that there are adequate drainage paths around structures on slopes to guide flood waters around and away from proposed structures.

  3. Elevation and Floodproofing. (See definitions for New Construction, Substantial Damage and Substantial Improvement in Section 13-1-3 of this chapter.)

     • a. Residential construction, new or substantial improvement, shall have the lowest floor, including basement elevated at least two feet above the base flood elevation.

• i. In an AO Zone, elevated above the highest adjacent grade to a height equal to at least two feet above the depth number specified in feet on the FIRM, or elevated at least three feet above the highest adjacent grade if no depth number is specified;

• ii. In all other zones, elevated to 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.

• b. Nonresidential construction shall either be elevated to conform with subsection A.3.a of this section or together with attendant utility and sanitary facilities:

  • i. Be floodproofed below the elevation recommended under subsection A.3.a of this section so that the structure is watertight with walls substantially impermeable to the passage of water;

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

  • iii. Be certified by a registered professional engineer or architect that the standards of this subsection A.3.b are satisfied. Such certification shall be provided by the Floodplain Administrator.

• c. 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 flood water. Designs for meeting this requirement must be certified by a registered professional engineer or architect or exceed the following minimum criteria:

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

  • ii. Have a minimum of two openings on different sides of the enclosed area 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 flood water.

  • d. Manufactured homes shall also meet the standards in subsection D of this section.

• B. Utilities.

  1. All new and replacement water supply and sanitary sewage systems shall be designed to minimize or eliminate:

     • a. Infiltration of flood waters in to the systems; and

     • b. Discharge from the systems into flood waters.

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

• C. Subdivisions.

  1. All preliminary subdivision proposals shall identify the flood hazard area and the elevation of the base flood.

  2. All subdivision plans shall 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.

  3. All subdivision proposals shall be consistent with the need to minimize flood damage.

  4. All subdivision proposals shall have public utilities and facilities such as sewer, gas, electrical and water systems located and constructed to minimize flood damage.

  5. All subdivisions shall provide adequate drainage to reduce exposure to flood hazards.

• D. Manufactured Homes.

  1. All manufactured homes that are placed or substantially improved, within Zones A1-30, AH and AE on the community's flood insurance rate map, on sites located:

     • a. Outside of a manufactured home park or subdivision;

     • b. In a new manufactured home park or subdivision;

     • c. In an expansion to an existing manufactured home park or subdivision; or

• d. In an existing manufactured home park or subdivision on a site upon which a manufactured home has incurred substantial damage as the result of a flood, shall be elevated on a permanent foundation such that the lowest floor of the manufactured home is elevated to two feet above the base flood elevation and be securely anchored to an adequately anchored foundation system to resist flotation collapse and lateral movement.

  2. All manufactured homes to be placed or substantially improved on sites in an existing manufactured home park or subdivision with Zones A1-30, AH, AE, on the community's flood insurance rate map that are not subject to the provisions of subsection D.1 of this section will be elevated so that either the:

     • a. Lowest floor of the manufactured home is at two feet above the base flood elevation; or

     • b. 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.

• E. Recreational Vehicles. All recreational vehicles placed on sites within Zones A1-30, AR and AE on the community's flood insurance rate map will either:

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

  2. Be fully licensed and ready for highway use. A recreational vehicle is ready for highway use if it is on its wheels or jacking system, 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 Sections 13-1-6 and 13-1-8 of this chapter and the elevation and anchoring requirements for manufactured homes in subsection D.1 of this section.

• (Ord. 93-140, 1993; Ord. 26-0391, 3/23/2026)

Located within areas of special flood hazard established in Section 13-1-7 of this chapter are areas designated as floodways. Since the floodway is an extremely hazardous area due to the velocity of flood waters which carry debris, potential projectiles and erosion potential, the following provisions apply:

• A. No encroachments, including fill, new construction, substantial improvement and other new development are permitted unless certification by a registered professional engineer or architect is provided demonstrating that encroachments shall not result in any increase in the base flood elevation during the occurrence of the base flood discharge.

• B. If subsection A of this section is satisfied, all new construction, substantial improvement and other proposed new development shall comply with all other applicable flood hazard reduction provisions of Section 13-1-10 of this chapter and this section.

• (Ord. 93-140, 1993)

• A. Nature of. Variance criteria set forth in this section are based on the general principle of zoning law that variances pertain to a piece of property and are not personal in nature. A variance may be granted for a parcel of property with physical characteristics so unusual that complying with the requirements of this chapter would create an exceptional hardship to the applicant or the surrounding property owners. The characteristics must be unique to the property and not be shared by adjacent parcels. The unique characteristic must pertain to the land itself, not to the structure, its inhabitants or the property owners.

It is the duty of the city to help protect its citizens from flooding. This need is so compelling and the implications of the cost of ensuring a structure built below flood level are so serious that variances from the flood elevation or from other requirements in the flood ordinance are quite rare. The long-term goal of preventing and reducing flood loss and damage can only be met if variances are strictly limited. Therefore, the variance guidelines provided in this chapter are more detailed and contain multiple provisions that must be met before a variance can be properly granted. The criteria are designed to screen out those situations in which alternatives other than a variance are more appropriate.

• B. Appeals Board.

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

     • 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 flood waters 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 a variance is granted shall be given written notice over the signature of a community official that:

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

  • b. Such construction below the base flood level increases risks to life and property. It is recommended that a copy of the notice shall be recorded by the Floodplain Administrator in the office of the County Recorder and shall be recorded in a manner so that it appears in the chain of title of the affected parcel of land.
  3. The Floodplain Administrator will maintain a record of all variance actions, including justification for their issuance and report such variances issued in its biennial report submitted to the Federal Emergency Management Agency.

• C. Conditions.

  1. Generally, variances may be issued for new construction, substantial improvement and other proposed new development to be erected on a lot of 1/2 acre or less in size contiguous to and surrounded by lots with existing a structures constructed below the base flood level, providing that the procedures of Sections 13-1-6 , 13-1-8 , 13-1-10 and 13-1-11 of this chapter have been fully considered. As the lot size increases beyond 1/2 acre, the technical justification required for issuing the variance increases.

  2. Variances may be issued for the repair or rehabilitation of historic structures as defined in Section 13-1-3 of this chapter upon a determination that the proposed repair or rehabilitation will not preclude the structure's continued designation as an historic structure and the variance is the minimum necessary to preserve the historic character and design of the structure.

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

  4. Variances shall only be issued upon a determination that the variance has the minimum necessary means to afford relief with a minimum of deviation from the requirements of this chapter. For example, in the case of variances to an elevation requirement, this means the city 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 the local ordinance.

  5. Variances shall only be issued upon a:

     • a. Showing of good and sufficient cause;

     • b. Determination that failure to grant the variance would result in exceptional "hardship" as defined in Section 13-1-3 of this chapter to the applicant; and

     • c. Determination that the granting of a variance will not result in increased flood heights, additional threats to public safety or extraordinary public expense, create a nuisance, as defined in Section 13-1-3 of this chapter (see Public Safety and Nuisance), cause

fraud or victimization of the public, as defined in Section 13-1-3 of this chapter, or conflict with existing local laws or ordinances.

6. Variances may be issued for new construction, substantial improvement and other proposed new development necessary for the conduct of a functionally dependent use provided that the provisions of subsections C.1 through C.5 of this section 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 subsection B.3 of this section and the purposes of this chapter, the City may attach such conditions to the granting of variances as it deems necessary to further the purposes of this chapter.

• (Ord. 93-140, 1993; Ord. 95-161, 1995; Ord. 26-0391, 3/23/2026)

City of Solvang, CA Tuesday, July 7, 2026