1. The Legislature of the State of California has in Cal. Gov't Code §§ 65302, 65560 and 65800 conferred upon local government units authority to adopt regulations designed to promote the public health, safety and general welfare of its citizenry.
2. Therefore, the City Council does ordain as follows.
   1. 1. The flood hazard areas of Auburn 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.
      2. These flood losses are caused by the cumulative effect of obstructions in areas of special flood hazards which increase flood heights and velocities, and when inadequately anchored, damage uses in other areas. Uses that are inadequately floodproofed, elevated or otherwise protected from flood damage also contribute to the flood loss.
   2. It is the purpose of this subchapter to promote public health, safety and general welfare and to minimize public and private losses due to flood conditions in specific areas by provisions designed:
      1. To protect human life and health;
      2. To minimize expenditure of public money for costly flood control projects;
      3. To minimize the need for rescue and relief efforts associated with flooding and generally undertaken at the expense of the general public;
      4. To minimize prolonged business interruptions;
      5. To minimize damage to public facilities and utilities such as water and gas mains, electric, telephone and sewer lines, streets and bridges located in areas of special flood hazard;
      6. To help maintain a stable tax base by providing for the sound use and development of areas of special flood hazard so as to minimize future flood blight areas;
      7. To insure that potential buyers are notified that property is in an area of special flood hazard; and
      8. To insure that those who occupy the areas of special flood hazard assume responsibility for their actions.
   3. In order to accomplish its purpose, this subchapter includes methods and provisions for.
      1. Restricting or prohibiting uses which are dangerous to health, safety and property due to water or erosion hazards, or which result in damaging increase in erosion or flood heights or velocities;
      2. Requiring that uses vulnerable to floods, including facilities which serve the uses, be protected against flood damage at the time of initial construction;
      3. Controlling the alteration of natural floodplains, stream channels, and natural protective barriers, which help accommodate or channel flood waters;
      4. Controlling fill, grading, dredging and other development which may increase flood damage; and
      5. Preventing or regulating the construction of flood barriers which will unnaturally divert flood waters or which may increase flood hazards in other areas.

(1973 Code, § 9-4.2201) (Ord. 98-3, eff. 7-1-1998)

For the purpose of this subchapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.

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

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.

APEX. The point of highest elevation on the 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 subchapter or a request for a variance.

AREA OF SPECIAL FLOOD HAZARD. See SPECIAL FLOOD HAZARD AREA.

BACKFILL. The placement of fill material within a specified depression, hole or excavation pit below the surrounding adjacent ground level as a means of improving flood water conveyance or to restore the land to the natural contours existing prior to excavation.

BASE FLOOD. The flood having a 1% chance of being equaled or exceeded in any given year. Also called the 100- YEAR FLOOD.

BASEMENT. Any area of the building having its floor subgrade (below ground level) on all sides.

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

1. Breakaway wall collapse shall result from a water load less than that which would occur during the base flood; and
2. The elevated portion of the building shall not incur any structural damage due to the effects of wind and water loads acting simultaneously in the event of the base flood.

BUILDING. See STRUCTURE.

CRITICAL FEATURE. An integral and readily identifiable part of a flood protection system, without which the flood protection provided by the entire system would be compromised.

CURVILINEAR LINE. The border on either a flood hazard boundary map or flood insurance rate map that delineates the special flood, mudslide (such as mudflow) and/or flood-related erosion hazard areas and consists of a curved or contour line that follows the topography.

DEVELOPMENT. 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.

DEVELOPMENT PERMIT. Any permit required for development of private or public lands by the city or another agency, government or otherwise. The permit allows development to improved or unimproved real estate and includes, but is not limited to grading permits, encroachment permits, water and sewer permits, building permits and permits required by the environmental health and planning departments.

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.

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 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).

FILL. The placement of fill material at a specified location to bring the ground surface up to a desired elevation.

FILL MATERIAL. Natural sand, dirt, soil or rock. For the purposes of floodplain management, FILL MATERIAL may include concrete, cement, soil cement, brick or similar material as approved on a case-by-case basis.

FLOOD, FLOODING or FLOOD WATER.

1. A general and temporary condition of partial or complete inundation of normally dry land areas from:
   1. The overflow of inland or tidal waters;
   2. The unusual and rapid accumulation or runoff of surface waters from any source; and/or
   3. Mudslides (such as mudflows) which are proximately caused by flooding as defined in division (1)(b) of this definition and are akin to a river of liquid and flowing mud on the surfaces of normally dry land areas, as when earth is carried by a current of water and deposited along the path of the current; and
2. The collapse or subsidence of land along the shore of a lake or other body of water as a result of erosion or undermining caused by waves or currents of water exceeding anticipated cyclical levels or suddenly caused by an unusually high water level in a natural body of water, accompanied by a severe storm, or by an unanticipated force of nature, such as flash flood or an abnormal tidal surge, or by some similarly unusual and unforeseeable event which results in flooding as defined in division (1)(a) of this definition.

FLOOD ELEVATION DETERMINATION. A determination by the administrator of the water surface elevations of the base flood; that is, the flood level that has a 1% or greater chance of occurrence in any given year.

FLOOD ELEVATION STUDY. An examination, evaluation and determination of flood hazards and, if appropriate, corresponding water surface elevations, or an examination, evaluation and determination of mudslide (such as mudflow) and/or flood-related erosion hazards.

FLOOD HAZARD BOUNDARY MAP. The official map on which the Federal Emergency Management Agency or Federal Insurance Administration has delineated the areas of flood hazards.

FLOOD INSURANCE RATE MAP (FIRM). The official map on which the Federal Emergency Management Agency or Federal Insurance Administration has delineated both the areas of special flood hazards and the risk premium zones applicable to the community.

FLOOD INSURANCE STUDY. The official report provided by the Federal Insurance Administration that includes flood profiles, the FIRM, the flood boundary and floodway map and the water surface elevation of the base flood.

FLOODPLAIN or FLOOD-PRONE AREA. Any land area susceptible to being inundated by water from any source. See FLOODING.

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, including but not limited to, emergency preparedness plans, flood control works and floodplain management regulations.

FLOODPLAIN MANAGEMENT REGULATIONS. Zoning ordinances, subdivision regulations, building codes, health regulations, special purpose ordinances (such as floodplain management regulations).

FLOOD PROTECTION SYSTEM. Those physical structural works for which funds have been authorized, appropriated and expended and which have been constructed specifically to modify flooding in order to reduce the extent of the area within a community subject to a special flood hazard and the extent of the depths of associated flooding. Such a system typically includes hurricane tidal barriers, dams, reservoirs, levees or dikes. These specialized flood modifying works are those constructed to conform with sound engineering standards.

FLOODPROOFING. Any combination of structural and non-structural 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 cumulative increasing the water surface elevation more than 1 foot. Also referred to as REGULATORY FLOODWAY.

FLOODWAY ENCROACHMENT LINES. The lines marking the limits of floodways on federal, state and local floodplain maps.

FLOODWAY FRINGE. The areas of a floodplain on either side of the designated floodway where encroachment may be permitted.

FRAUD AND VICTIMIZATION. Related to § 159.315 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.

FREEBOARD. A factor of safety usually expressed in feet above a flood level for purposes of floodplain management. FREEBOARD tends to compensate for the many unknown factors that could contribute to flood heights greater than the height calculated for a selected size flood and floodway conditions, such as wave action, bridge openings and the hydrological effect of urbanization of the watershed.

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 only docking facilities, port facilities that are necessary for the loading and unloading of cargo or passengers and ship building and ship repair facilities, but does not include long- term storage or related manufacturing facilities.

HARDSHIP. As related to § 159.315 means the hardship that would result from a failure to grant the requested variance. The City Council 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 exceptional hardships. All of these problems can be resolved through other means, without granting a variance. This is so even if the alternative means are more expensive or complicated than building with a variance, or if they require the property owner to put the parcel to a different use than originally intended, or to build elsewhere.

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 the Interior as meeting the requirements for individual listing on the National Register;
2. Certified or preliminarily determined by the Secretary of the Interior as contributing to the historical significance of a registered historic district or a district 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:
   1. By an approved state program as determined by the Secretary of the Interior; or
   2. Directly by the Secretary of the Interior in states with approved programs.

LANDFILL. A permitted location for the disposal, placement or dumping of garbage, trash, debris, junk or waste material.

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

LEVEE SYSTEM. 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 accordance with sound engineering practices.

LOWEST FLOOR. 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, the enclosure is not built so as to render the structure in violation of the applicable non-elevation design requirements of this subchapter.

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 2 or more manufactured home lots for sale or rent.

MAP. The flood hazard boundary map (FHBM) or the flood insurance rate map (FIRM) for a community issued by the Flood Insurance Administration, Federal Emergency Management Agency and any other applicable maps which delineates areas subject to flooding such as, but not limited to survey maps of record, subdivision maps, parcel maps, other maps of record and special flood zone studies prepared by a California registered civil engineer, geologist or hydrologist.

MEAN SEA LEVEL. 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.

MINIMUM NECESSARY. Related to § 159.315, means the minimum necessary to afford relief to the applicant of a variance with a minimum deviation from the requirements of this subchapter. In case of variances to an elevation requirement, this means the Variance Board need not grant permission for the applicant to build at grade, for example, or even to whatever elevation the applicant proposes, but only that level that the Board believes will both provide relief and preserve the integrity of the local ordinance.

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

NEW CONSTRUCTION. For floodplain management purposes, means structures for which the start of construction commenced on or after the effective date of a floodplain management regulation adopted by a community and includes any subsequent improvements to the 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 a community.

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. A flood which has a 1% annual probability of being equaled or exceeded. It is identical to the "base flood," which will be the term used through this subchapter.

PRINCIPAL STRUCTURE. A structure used for the principal use of the property as distinguished from an accessory use.

PUBLIC SAFETY AND NUISANCES. As related to § 159.315 means the granting of a variance must not result in additional threats to public safety or create nuisances (such as something that is inconvenient, unpleasant, annoying or obnoxious). This subchapter is intended to help protect the health, safety, well-being and property of the local citizens. This is a long-range community effort made up of a combination of approaches such as adequate drainage systems, warning and evacuation plans and keeping new property above the flood levels. These long-term goals can only be met if exceptions to the requirements of this subchapter are kept to a bare minimum.

RECREATIONAL VEHICLE. A vehicle which is:

1. Built on a single chassis;
2. Four hundred 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 a designated height.

RIVERINE. Relating to, formed by or resembling a river (including tributaries), stream, brook and the like.

SPECIAL FLOOD HAZARD AREA (SFHA). An area having special flood hazards, and shown on an FHBM or FIRM as Zone A, Al-30, AE, or A99 and also includes, but is not limited to areas subject to flooding as shown on survey maps of record, subdivision maps, parcel maps, other maps of record and special flood zone studies prepared by a California registered civil engineer, geologist or hydrologist.

START OF CONSTRUCTION. Includes substantial improvement and other proposed new development and means the date the building permit was issued, provided the actual start of construction, repair, reconstruction, rehabilitation, addition, placement or other improvement was within 180 days from the date of the permit. The actual start means either the first placement of permanent construction of a structure on a site, such as the pouring of slab or footings, the installation of piles, the construction of columns or any work beyond the stage of excavation; or the placement of a manufactured home on a foundation. "Permanent construction" does not include land preparation, such as clearing, grading and filling; nor does it include the installation of streets and/or walkways; nor does it include excavation for a basement, footings, piers or foundations or the erection of temporary forms; nor does it include the installation on the property of accessory buildings, such as garages or sheds not occupied as dwelling units or not part of the main structure. For a substantial improvement, the actual START OF CONSTRUCTION means the first alteration of any wall, ceiling, floor or other structural part of a building, whether or not that alteration affects the external dimensions of the building.

STRUCTURE. A walled and roofed building, including a gas or liquid storage tank, that is principally above ground, as well as 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 DAMAGE includes repetitive damages incurred by the structure within a 10-year period. For purposes of calculation, damages will be cumulative during the previous 10-year period, immediately preceding and including the latest flooding event.

SUBSTANTIAL IMPROVEMENT. Any reconstruction, rehabilitation, addition or other proposed new development of a structure, the cost of which equals or exceeds 50% of the market value of the structure before the start of construction of the improvement. This term includes structures which have incurred substantial damage, regardless of the actual repair work performed. SUBSTANTIAL IMPROVEMENT includes repetitive improvements required to the structure within a 10- year period. For purposes of calculation, damage improvements will be cumulative during the previous 10-year period, immediately preceding and including the latest flooding event. 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.

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

WATER SURFACE ELEVATION. The height, in relation to the National Geodetic Vertical Datum (NGVD) of 1929, (or other datum, where specified) of floods of various magnitudes and frequencies in the floodplains of coastal or riverine areas.

WATERCOURSE. 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.

(1973 Code, § 9-4.2202) (Ord. 98-3, eff. 7-1-1998)

1. Land to which this subchapter applies. This article shall apply to all areas of special flood hazards within the jurisdiction of the city of Auburn.
2. 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 February 15, 1983, and the flood insurance rate map (FIRM), dated April 18, 1983, and all subsequent amendments and/or revisions, are hereby adopted by reference and declared to be a part of this subchapter. This flood insurance study (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 of this subchapter and include other base flood data identified in § 159.313. The study and flood insurance rate maps (FIRMS) are on file at the City of Auburn Department of Public Works, 1225 Lincoln Way, Auburn, California 95603.
3. Compliance. No structure or land shall hereafter be constructed, located, extended, converted or altered without full compliance with the terms of this subchapter 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 board of supervisors from taking the lawful action as is necessary to prevent or remedy any violation.
4. Abrogation and greater restrictions. This article is not intended to repeal, abrogate or impair any existing easements, covenants or deed restrictions. However, where this subchapter and another ordinance, easement, covenant or deed restriction conflict or overlap, whichever imposes the more stringent restrictions shall prevail. This includes, but is not limited to specific area general plans adopted by the City Council, and standard and site specific conditions of approval assigned to a development project.
5. Interpretation. In the interpretation and application of this subchapter, 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.
6. Warning and disclaimer of liability.
   1. The degree of flood protection required by this subchapter is considered reasonable for regulatory purposes and is based on scientific and engineering considerations.
   2. Larger floods can and will occur on rare occasions. Flood heights may be increased by human-made or natural causes.
   3. This subchapter does not imply that land outside the areas of special flood hazards or uses permitted within the areas will be free from flooding or flood damages.
   4. This subchapter shall not create liability on the part of the city of Auburn City Council, any officer or employee thereof, or the Federal Insurance Administration, Federal Emergency Management Agency, for any flood damages that result from reliance on this subchapter or any administrative decision lawfully made thereunder.
7. Severability. This subchapter and the various parts thereof are hereby declared to be severable. Should any section of this subchapter be declared by the courts to be unconstitutional or invalid, the decision shall not affect the validity of the subchapter as a whole, or any portion thereof other than the section so declared to be unconstitutional or invalid.

(1973 Code, § 9-4.2203) (Ord. 98-3, eff. 7-1-1998)

1. Review fee. The floodplain administrator or his or her designee is hereby authorized to assess a fee as approved by the City Council for providing, upon request, flood zone determinations.
2. Establishment of development permit. A development permit shall be obtained before construction or development begins within any area of special flood hazards established in § 159.312. 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, locations, 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:
   1. Proposed elevation in relation to mean sea level, of the lowest floor (including basement) of all structures;
   2. Proposed elevation in relation to mean sea level to which any structure will be floodproofed;
   3. All appropriate certifications listed in division (D) below; and
   4. Description of the extent to which any watercourse will be altered or relocated as a result of proposed development.
3. Designation of the Floodplain Administrator. The Director of Public Works is hereby appointed to administer, implement and enforce this subchapter by granting or denying development permits in accordance with its provisions.
4. Duties and responsibilities of the Floodplain Administrator. The duties and responsibilities of the Floodplain Administrator shall include, but not be limited to:
   1. Permit review.
      1. Review all development permits that pertain to construction activities within the 100-year floodplain to determine that the permit requirements of this subchapter have been satisfied;
      2. All other required state and federal permits have been obtained;
      3. The site is reasonably safe from flooding; and
      4. The proposed development does not adversely affect the carrying capacity of areas where base flood elevations have been determined but a floodway has not been designated. For purposes of this subchapter, 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.
   2. Use of other base flood data. When base flood elevation data has not been provided in accordance with § 159.312, the Floodplain Administrator shall obtain review, and reasonably utilize any base flood elevation and floodway data available from federal, state or other source, in order to administer § 159.314. This includes, but is not limited to survey maps of record, subdivision maps, parcel maps, other maps of record and special flood zone studies prepared by a California registered civil engineer, geologist or hydrologist.
   3. Whenever a watercourse is to be altered or relocated:
      1. Notify adjacent communities and the California Department of Water Resources prior to the alteration or relocation of a watercourse, and submit evidence of the notification to the Federal Insurance Administration, Federal Emergency Management Agency; and
      2. Require that the flood carrying capacity of the altered or relocated portion of the watercourse is maintained.
   4. Obtain and maintain for public inspection and make available as needed:
      1. The certification required by § 159.314(B)(3)(a);
      2. The certification required by § 159.314(B)(3)(b)3.;
      3. The certification required by § 159.314(B)(3)(c)1.;
      4. The certification of elevation required by § 159.314(D); and
      5. The certification required by § 159.314(G)(1).
   5. Make interpretations where needed as to the location of the boundaries of the areas of special flood hazards (for example, where there appears to be a conflict between a mapped boundary and actual field conditions). It is the applicant's responsibility to provide all of the data, as required, to establish flood hazard boundary locations. The person contesting the location of the boundary shall be given a reasonable opportunity to appeal the interpretation as provided in § 159.315.
   6. Take action to remedy violations of this subchapter as specified in § 159.312(C).

(1973 Code, § 9-4.2204) (Ord. 98-3, eff. 7-1-1998)

1. Standards for developing lots located in both Zone A and C. If a portion of a lot is situated in a special flood hazard area (such as the 100-year floodplain) and another portion of the lot is outside of the 100-year floodplain, and there is a feasible building site on this latter portion, including grading and associated construction, then the structure, grading and associated construction shall be located outside of the special flood hazard area. If a discrepancy exists between other city requirements, such as setbacks and this requirement to build outside the 100-year floodplain, then this will necessitate that the applicant exhaust the Planning Department's (or other department's) variance process before any consideration is given to allowing the applicant to proceed with construction within the 100-year floodplain.
2. Standards of construction. In all areas of special flood hazards the following standards are required:
   1. Anchoring.
      1. All new construction and substantial improvements shall be anchored to prevent flotation, collapse or lateral movement of the structure resulting from hydrodynamic, impact and hydrostatic loads, including the effects of buoyancy.
      2. All manufactured homes shall meet the anchoring standards of division (E) below.
   2. Construction materials and methods.
      1. All new construction and substantial improvements shall be constructed with materials and utility equipment resistance to flood damage.
      2. All new construction and substantial improvements shall be constructed using methods and practices that minimize flood damage.
      3. All new construction and substantial improvements shall be constructed 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.
   3. Elevation and floodproofing.
      1. New construction and substantial improvement of any structure shall have the lowest floor, including basement, elevated a minimum of one foot above the base flood elevation. It is recommended that the finish floor be a minimum of 2 feet above the base flood elevation in order to prevent inundation of floor joists, insulation and other appurtenant components located on the underside of the finish floor. Non-residential structures may meet the standards in division (B) (3)(b) below. Upon the completion of the lowest floor of the structure and prior to any construction above the lowest floor, including framing, the elevation of the lowest floor, including basement, shall be certified by a California registered civil engineer or licensed land surveyor, to be properly elevated. The certification or verification shall be provided to the Floodplain Administrator. The preferred form for this is the elevation certificate, available at the Public Works Department.
      2. Non-residential construction shall either be elevated to conform with division (B)(3)(a) above or together with attendant utility and sanitary facilities:
         1. Be floodproofed so that below the base flood level the structure is watertight with walls substantially impermeable to the passage of water;
         2. Have structural components capable of resisting impact, hydrostatic and hydrodynamic loads and effects of buoyancy; and
         3. Be certified by a California registered civil engineer or architect that the standards of this division are satisfied. An architect is limited to certifying the flood proofing and structural design requirements of this division, and is not to perform surveys, certify elevations, or perform hydrology, hydraulic and drainage studies as may be required by this division. The certifications shall be provided to the Floodplain Administrator.
      3. Require for all new construction and substantial improvements, that fully enclosed areas below the lowest floor that are usable solely for parking of vehicles, building access or storage in an area other than a basement 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 floodwaters. Designs for meeting this requirement must either be certified by a California registered civil engineer or architect or meet or exceed the following minimum criteria:
         1. Either a minimum of 2 openings having a total net area of not less than 1 square inch for every square foot of enclosed area subject to flooding shall be provided; or (The bottom of all openings shall be no higher than 1 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 floodwaters.)
         2. Be certified to comply with a local floodproofing standard approved by the Federal Insurance Administration, Federal Emergency Management Agency.
      4. Manufactured homes shall also meet the standards in division (E) below.
3. Standards for utilities.
   1. All new and replacement water supply and sanitary sewage systems shall be designed to minimize or eliminate infiltration of flood waters into the system and discharge from systems into flood waters.
   2. On-site waste disposal systems shall be located to avoid impairment to them or contamination from them during flooding.
   3. Other utilities are addressed at division (B)(2) above or division (D)(4) below.
4. Standards for subdivisions.
   1. All preliminary subdivision proposals shall identify the flood hazard area and the elevation of the base flood.
   2. 1. All final subdivision plans will provide the elevation of proposed structure(s) and pad(s). The final pad elevation shall be certified by a California registered civil engineer or licensed land surveyor and provided to the Floodplain Administrator. This certification shall be done prior to construction of the foundation or at the completion of final grading, whichever comes first.
      2. No construction is allowed until the certification has been received and approved by 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.
5. Standards for manufactured homes. All manufactured homes that are placed or substantially improved within a special flood hazard area on the community's flood insurance rate map:
   1. Outside of a manufactured home park or subdivision;
   2. In a new manufactured home park or subdivision;
   3. In an expansion to an existing manufactured home park or subdivision; and
   4. In an existing manufactured home park or subdivision on which a manufactured home has incurred substantial damage as the result of a flood:
      1. Be elevated on a permanent foundation such that the lowest floor of the manufactured home is elevated to a minimum of 1 foot 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 on the community's flood insurance rate map that are not subject to the provisions of this division (E) will be elevated so that either:
         1. The lowest floor of the manufactured home is a minimum of 1 foot above the base flood elevation; or
         2. The manufactured home chassis is supported by reinforced piers or other foundation elements of at least equivalent strength that are no less than 36 inches in height above grade and be securely anchored to an adequately anchored foundation system to resist floatation, collapse and lateral movement.
6. Standards for recreational vehicles. All recreational vehicles placed on sites within a floodplain shown 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; or
   3. Meet the permit requirements of § 159.313 and the elevation and anchoring requirements for manufactured homes in division (E) above.
7. Floodways.
   1. Located within areas of special flood hazard established in § 159.312 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:
      1. Prohibit encroachments, including fill, new construction, substantial improvements and other new development unless certification by a California registered civil engineer is provided demonstrating that encroachments shall not result in any increase in flood levels during the occurrence of the base flood discharge.
      2. If this division (G)(1) is satisfied, all new construction and substantial improvements and other proposed new development shall comply with all other applicable flood hazard reduction provisions of this subchapter.
   2. A variance to the cumulative damages provision of this subchapter may be granted by the Floodplain Administrator provided;
      1. A variance from these sections is formally requested from an applicant;
      2. The time period for calculating cumulative damages/ improvements occurred prior to January 8, 1995.
8. Flood Zone "A" building permit applicants. The following summarizes sections of the Flood Damage Prevention Ordinance for building permit applicants who may be located in Flood Zone A and specifies steps to take in obtaining a building permit:
   1. A California Registered Civil Engineer is required to prepare an engineering study. The engineer must evaluate the building site and make a determination as to whether the proposed structure will be located within the 100-year floodplain.
      1. The engineering study will involve preparing a topographic site map (related to the National Geodetic Vertical Datum of 1929), perform hydrologic and hydraulic studies and other related engineering calculations required to determine the location of the 100-year floodplain unless specifically exempted by the Floodplain Administrator.
      2. The engineering study must show that the proposed structure will not aggravate flooding problems on adjacent properties.
   2. If it can be shown, via the engineering study, that the proposed structure will not encroach into the 100-year floodplain, no special "floodproofing" construction measures will be required. (Note - in accordance with division (A) above, if a feasible building site exists outside of the 100-year floodplain, no building and associated construction activities are allowed in the 100-year floodplain).
   3. If the structure does encroach into the 100-year floodplain, the engineering study must include the accompanying wind, hydrodynamic, hydrostatic, impact and buoyant forces, as they apply, on the structure. These forces must be included in the design of the structure (see FEMA 114/September, 1986, "Design Manual for Retrofitting Floodprone Residential Structures").
   4. In accordance with division (B0 above, the following shall also apply to construction within the 100-year floodplain.
      1. Single-family dwellings must have their lowest floors elevated a minimum of 1 foot above the 100-year flood elevation. It is recommended that the lowest floor be elevated a minimum of 2 feet in order to prevent inundation of floor joists, insulation and the like. Floodproofing requirements must be satisfied.
      2. Non-residential construction (such as garages, storage sheds and the like) must meet 1 of the following standards:
         1. Be elevated such that the lowest floor is elevated a minimum of one foot above the 100-year flood level; (Two feet is recommended, in accordance with criteria set forth for new construction and substantial improvements.)
         2. Be flood proofed so that below the 100-year flood level the structure is watertight; and
         3. Be vented (1 square inch of vent for every square foot of enclosed area). This permits flood waters to enter and exit a structure at the same time, allowing hydrostatic flood forces to equalize on exterior walls. The bottom of all openings shall be no higher than 1 foot above grade. A minimum of 2 vents per structure is required. Venting also applies to the crawl space area under elevated residential structures if the crawl space is enclosed. (Note - venting is the easiest and most economical method to comply with).
      3. All electrical outlets, heating, venting and air condition (HVAC) units, hot water heaters, washing machines, dryers and like appurtenances must be elevated a minimum of 1 foot above the 100-year floodplain.
   5. In accordance with § 159.313, encroachment is prohibited unless the engineering study can show that there will be no increase in the 100-year flood elevation.

(1973 Code, § 9-4.2205) (Ord. 98-3, eff. 7-1-1998)

1. Nature of variances.
   1. The variance criteria set forth in this section are based on the general principle of zoning law that variances pertain to a piece of property and are not personal in nature. Though these standards vary from jurisdiction to jurisdiction, in general, a properly issued variance is granted for a parcel of property with physical characteristics so unusual that complying with the requirements of this subchapter 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 the structure, its inhabitants or the property owners.
   2. It is the duty of the City Council to help protect its citizens from flooding. This need is so compelling, and the implications of the cost of insuring a structure built below flood level are so serious, that variances from the flood elevation or from other requirements in this subchapter are quite rare. Therefore, the variance guidelines provided in this subchapter 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.
2. Appeal board.
   1. Notwithstanding § 159.314(G), the City Council shall hear and decide appeals pursuant to Chapter 162 of this Municipal Code and the City Council shall consider requests for variances from the requirements of this subchapter pursuant to subsections (B)(2) through (B)(4) of this section.
   2. In passing upon the applications, the City Council shall consider all technical evaluations, all relevant factors, standards specified in other sections of this subchapter, and:
      1. The danger that materials may be swept onto other lands to the injury of others;
      2. The danger of life and property due to flooding or erosion damage;
      3. The susceptibility of the proposed facility and its contents to flood damage and the effect of the damage on the individual owner and future owners of the property;
      4. The importance of the services provided by the proposed facility to the community;
      5. The necessity to the facility of a waterfront location, where applicable;
      6. The availability of alternative locations for the proposed use which are not subject to flooding or erosion damage;
      7. The compatibility of the proposed use with existing and anticipated development;
      8. The relationship of the proposed use to any comprehensive plan and floodplain management program for that area;
      9. The safety of access to the property in time of flood for ordinary and emergency vehicles;
      10. The expected heights, velocity, duration, rate of rise and sediment transport of the floodwater expected at the site; and
      11. The costs of providing governmental services during and after flood conditions, including maintenance and repair of public utilities and facilities such as sewer, gas, electrical and water systems and streets and bridges.
   3. Any applicant to whom a variance is granted shall be given written notice over the signature of the Mayor of the City Council that:
      1. 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
      2. The construction below the base flood level increases risks to life and property. A copy of the notice shall be recorded by the City Council in the office of the City Clerk and shall be recorded in a manner so that it appears in the chain of title of the affected parcel of land.
   4. The Floodplain Administrator will maintain a record of all variance actions, including justification for their issuance, and report the variances issued in its biennial report submitted to the Federal Insurance Administration, Federal Emergency Management Agency.
3. Conditions for variances.
   1. 1. Generally, variances may be issued for new construction, substantial improvement and other proposed new development to be erected on a lot of ½ acre or less in size contiguous to and surrounded by lots with existing structures constructed below the base flood level, providing that the procedures of this subchapter have been fully considered.
      2. As the lot size increases beyond ½ 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 § 159.311) upon a determination that the proposed repair or rehabilitation will not preclude the structure's continued designation as a 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 designated 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 is the minimum necessary, as defined in § 159.311, considering the flood hazard, to afford relief.
   5. Variances shall only be issued upon:
      1. A showing of good and sufficient cause;
      2. A determination that failure to grant the variance would result in exceptional hardship (as defined in § 159.313) to the applicant; and
      3. A determination that the granting of a variance will not result in increased flood heights, additional threats to public safety, extraordinary public expense, create nuisances (as defined in § 159.313, cause fraud or victimization (as defined in § 159.313) of the public, 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 depending use provided that the provisions of divisions (C)(1) through (C)(5) are satisfied and that the structure or other development is protected by methods that minimize flood damages during the base flood and create no additional threats to public safety.
   7. Upon consideration of the factors of division (B)(3) above and the purposes of this subchapter, the City Council may attach such conditions to the granting of variances as it deems necessary to further the purposes of this subchapter.

(1973 Code, § 9-4.2206) (Ord. 98-3, eff. 7-1-1998; Am. Ord. 09-02, eff. 4-8-2009)