The Legislature of the State of California has in Government Code Sections 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. Therefore, the City Council adopts the following floodplain management regulations.

(Ord. No. 776, § 1(Exh. A), eff. 9-5-2014)

(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.

(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. No. 776, § 1(Exh. A), eff. 9-5-2014)

(a)

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:

(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, and 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 blighted areas caused by flood damage;

(7)

To ensure that potential buyers are notified that property is in an area of special flood hazard; and

(8)

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

(Ord. No. 776, § 1(Exh. A), eff. 9-5-2014)

(a)

In order to accomplish its purposes, this chapter 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 increases in erosion or flood heights or velocities;

(2)

Requiring that uses vulnerable to floods, including facilities which serve such 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 floodwaters;

(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 floodwaters or which may increase flood hazards in other areas.

(Ord. No. 776, § 1(Exh. A), eff. 9-5-2014)

Unless specifically defined in this article, 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.

(Ord. No. 776, § 1(Exh. A), eff. 9-5-2014)

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

Alluvial fan means a geomorphologic feature characterized by a cone or fan-shaped deposit of boulders, gravel and fine sediments that have been eroded from mountain slopes, transported by flood flows and then deposited on valley floors, and which is subject to flash flooding, high velocity flows, debris flows, erosion, sediment movement and deposition, and channel migration.

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

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

Area of shallow flooding means a designated AO or AH zone on the flood insurance rate map (FIRM). The base flood depths range from one to three (3) feet; a clearly defined channel does not exist; the path of flooding is unpredictable and indeterminate; and velocity flow may be evident. Such flooding is characterized by ponding or sheet flow.

Area of special flood hazard. See "Special flood hazard area".

Base flood means a flood which has a one percent chance of being equaled or exceeded in any given year (also called the "100-year flood"). Base flood is the term used throughout this chapter.

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

Building. See "Structure".

Development means 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.

Encroachment means the advance or infringement of uses, plant growth, fill, excavation, buildings, permanent structures or development into a floodplain which may impede or alter the flow capacity of a floodplain.

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

Expansion to an existing manufactured home park or subdivision means the preparation of additional sites by the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads).

Flood, flooding or floodwater means:

(1)

A general and temporary condition of partial or complete inundation of normally dry land areas from the overflow of inland or tidal waters; the unusual and rapid accumulation or runoff of surface waters from any source; and/or mudslides (i.e., mudflows); and

(2)

The condition resulting from flood-related erosion.

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); and

The condition resulting from flood-related erosion.

Flood boundary and floodway map (FBFM) means the official map on which the Federal Emergency Management Agency or Federal Insurance Administration has delineated both the area of special flood hazards and the floodway.

Flood hazard boundary map means the official map on which the Federal Emergency Management Agency or Federal Insurance Administration has delineated the areas of flood hazards.

Flood insurance rate map (FIRM) means the official map on which the Federal Emergency Management Agency or Federal Insurance Administration has delineated both the areas of special flood hazards and the risk premium zones applicable to the community.

Flood insurance study means the official report provided by the Federal Insurance Administration that includes flood profiles, the flood insurance rate map, the flood boundary and floodway map, and the, water surface elevation of the base flood.

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

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

Floodplain management means the operation of an overall program of corrective and preventive measures for reducing flood damage and preserving and enhancing, where possible, natural resources in the floodplain, including but not limited to emergency preparedness plans, flood control works, floodplain management regulations, and open space plans.

Floodplain management regulations means this chapter and other zoning ordinances, subdivision regulations, building codes, health regulations, special purpose ordinances (such as grading and erosion control) and other application of Police power which control development in flood-prone areas. This term describes Federal, State or local regulations in any combination which provide standards for preventing and reducing flood loss and damage.

Floodproofing means any combination of structural and nonstructural additions, changes, or adjustments to structures which reduce or eliminate flood damage to real estate or improved real property, water and sanitary facilities, structures, and their contents. (Refer to FEMA Technical Bulletins TB 1-93, TB 3-93, and TB 7-93 for guidelines on dry and wet floodproofing.)

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

Floodway fringe is that area of the floodplain on either side of the designated floodway where encroachment may be permitted.

Fraud and victimization as related to Article 6, Variance Procedure, of this chapter means that the variance granted must not cause fraud on or victimization of the public. In examining this requirement, the Planning Commission will consider the fact that every newly constructed building adds to government responsibilities and remains a part of the community for fifty (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.

Governing body is 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. Unless the context requires otherwise, the governing body for purposes of this chapter is the City acting through its City Council.

Hardship as related to Article 6, Variance Procedure, of this chapter means the 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 means the highest natural elevation of the ground surface prior to construction next to the proposed walls of a structure.

Historic structure means any structure that is:

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;

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;

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

Individually listed on a local inventory of historic places in communities with historic preservation programs that have been certified either by an approved State program as determined by the Secretary of the Interior or directly by the Secretary of the Interior in States without approved programs.

Levee means 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 means a flood protection system which consists of a levee, or levees, and associated structures, such as closure and drainage devices, which are constructed and operated in accord with sound engineering practices.

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

An unfinished or flood resistant enclosure below the lowest floor that is usable solely for parking of vehicles, building access or storage in an area other than a basement area is not considered a building's lowest floor, provided it conforms to applicable nonelevation design requirements, including but not limited to:

The wet floodproofing standard in Section 9-8.501(a) of the Zoning Code;

The anchoring standards in Section 9-8.501(a) of the Zoning Code;

The construction materials and methods standards in Section 9-8.501(a); and the standards for utilities in Section 9-8.502 of the Zoning Code.

For residential structures, all subgrade enclosed areas are prohibited as they are considered to be basements (see "Basement" definition). This prohibition includes below-grade garages and storage areas.

Manufactured home means a structure, transportable in one or more sections, which is built on a permanent chassis and is designed for use with or without a permanent foundation when attached to the required utilities. The term "manufactured home" does not include a "recreational vehicle".

Manufactured home park or subdivision means a parcel (or contiguous parcels) of land divided into two (2) or more manufactured home lots for rent or sale.

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

Mean sea level means, for purposes of the National Flood Insurance Program, the National Geodetic Vertical Datum (NGVD) of 1929 or other datum, to which base flood elevations shown on a community's flood insurance rate map are referenced.

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

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 "Base flood" definition.

Public safety and nuisance as related to Article 6, Variance Procedure, 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 means a vehicle which is:

(1)

Built on a single chassis;

(2)

Four hundred (400) square feet or less when measured at the largest horizontal projection;

(3)

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

(4)

Designed primarily not for use as a permanent dwelling but as temporary living quarters for recreational, camping, travel, or seasonal use.

Regulatory floodway means the channel of a 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.

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

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

Sheet flow area. See "Area of shallow flooding".

Special flood hazard area (SFHA) means an area in the floodplain subject to a one percent or greater chance of flooding in any given year. It is shown on an FHBM or FIRM as zone A, AO, A1-A30, AE, A99, AH.

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 manufacture 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 affect the external dimensions of the building.

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

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

Substantial improvement means any reconstruction, rehabilitation, addition, or other proposed new development of a structure, the cost of which equals or exceeds fifty (50) percent of the market value of the structure before the "start of construction" of the improvement. This term includes structures which have incurred substantial damage, regardless of the actual repair work performed. The term does not, however, include either:

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

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

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

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

Water surface elevation means the height, in relation to the National Geodetic Vertical Datum (NGVD) of 1929, (or other datum, where specified) of floods of various magnitudes and frequencies in the floodplains of coastal or riverine areas.

Watercourse means a lake, river, creek, stream, wash, arroyo, channel or other topographic feature on or over which waters flow at least periodically. Watercourse includes specifically designated areas in which substantial flood damage may occur.

(Ord. No. 776, § 1(Exh. A), eff. 9-5-2014)

This chapter shall apply to all areas of special flood hazards within the jurisdiction of the City.

(Ord. No. 776, § 1(Exh. A), eff. 9-5-2014)

(a)

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) originally dated December 29, 1990, and revised as of July 16, 1996, and accompanying Flood Insurance Rate Map (FIRM), originally dated June 17, 1991, and revised as of July 16, 1996, and all subsequent amendments and/or revisions, are adopted by reference and declared to be a part of this chapter.

(b)

This 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 Council by the Floodplain Administrator. The study, FIRM and FBLM are on file at City Hall, 155 West Durian Avenue, Coalinga, California 93210.

(Ord. No. 776, § 1(Exh. A), eff. 9-5-2014)

(a)

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.

(b)

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 is necessary to prevent or remedy any violation.

(Ord. No. 776, § 1(Exh. A), eff. 9-5-2014)

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

(Ord. No. 776, § 1(Exh. A), eff. 9-5-2014)

(a)

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.

(Ord. No. 776, § 1(Exh. A), eff. 9-5-2014)

(a)

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.

(b)

This chapter does not imply that land outside the areas of special flood hazards or uses permitted within such area will be free from flooding or flood damages.

(c)

This chapter shall not create liability on the part of the City, any officer or employee thereof, the State of California, or the Federal Insurance Administration, Federal Emergency Management Agency, for any flood damages that result from reliance on this chapter or any administrative decision lawfully made hereunder.

(Ord. No. 776, § 1(Exh. A), eff. 9-5-2014)

This chapter and the various parts thereof are 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 ordinance codified in this chapter as a whole, or any portion thereof other than the section so declared to be unconstitutional or invalid.

(Ord. No. 776, § 1(Exh. A), eff. 9-5-2014)

(a)

A development permit shall be obtained before any construction or other development begins within any area of special flood hazard established in Section 9-8.302. 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:

(1)

Site plan, including but not limited to:

a.

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

b.

Proposed locations of water supply, sanitary sewer and utilities;

c.

If available, the base flood elevation from the flood insurance study and/or flood insurance rate map; and

d.

If applicable, the location of the regulatory floodway.

(2)

Foundation design detail, including but not limited to:

a.

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

b.

For a crawlspace foundation, location and total net area of foundation openings as required in Section 9-8.501(a) of this chapter and FEMA Technical Bulletins 1-93 and 7-93; and

c.

For foundations placed on fill, the location and height of fill, and compaction requirements (compacted to ninety-five (95) percent using the Standard Proctor Test method);

(3)

Proposed elevation in relation to mean sea level to which any nonresidential structure will be floodproofed, as required in Section 9-8.501(a) of this chapter and FEMA Technical Bulletin TB 3-93; and

(4)

All appropriate certifications listed in Section 9-8.401(a) of this chapter; and

(5)

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

(Ord. No. 776, § 1(Exh. A), eff. 9-5-2014)

(a)

The City Manager or his or her designated representative is appointed the Floodplain Administrator to administer, implement, and enforce this chapter by granting or denying development permits in accord with its provisions.

(1)

Base flood elevation changes due to physical alterations:

a.

Within six (6) 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 LOMR's 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 (CLOMR's). Approved CLOMR's allow construction of the proposed flood control project and land preparation as specified in the "start of construction" definition.

(b)

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.

(Ord. No. 776, § 1(Exh. A), eff. 9-5-2014)

(a)

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

(1)

Permit review.

a.

Review all development permits to determine that the 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; and

d.

Until a regulatory floodway is adopted, no new construction, substantial development, or other development (including fill) shall be permitted within zones A1-30 and AE, unless it is demonstrated that the cumulative effect of the proposed development, when combined with all other development, will not increase the water surface elevation of the base flood more than one foot at any point within the City of Coalinga;

(2)

Review, use and development of other base flood data.

a.

When base flood elevation data has been provided in accordance with Section 9-8.302, the Floodplain Administrator shall obtain, review, and reasonably utilize any base flood elevation and floodway date available from a Federal or State agency, or other source, in order to administer Article 5. Any such information shall be submitted to the City Council for adoption; or

b.

If no base flood elevation data is available from a Federal or State agency or other source, then a base flood elevation shall be obtained using one of two (2) methods from the FEMA publication "Managing Floodplain Development in Approximate Zone A Areas - A Guide for Obtaining and Developing Base (100-year) Flood Elevations," dated July 1995, in order to administer Article 5:

1.

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

2.

Detailed method: the 100-year or base flood discharge and the base flood elevation shall be obtained using detailed methods identified in FEMA Publication 265, published in July 1995 and titled: "Managing Floodplain Development in Approximate Zone A Areas - A Guide for Obtaining and Developing Base (100-year) Flood Elevations".

(3)

Notification of other agencies.

a.

In alteration or relocation of a watercourse:

1.

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

2.

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

3.

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

(4)

Documentation of floodplain development.

a.

Obtain and maintain for public inspection and make available as needed:

1.

Certification required by Section 9-8.501(a) and 9-8.504 (lowest floor elevations) of this chapter;

2.

Certification required by Section 9-8.501(a) (elevation or floodproofing of nonresidential structures);

3.

Certification required by Section 9-8.501(a) (wet floodproofing standards) of this chapter;

4.

Certification required by Section 9-8.503(b) (subdivision standards) of this chapter; and

5.

Certification required by Article 5.506.1 of this chapter (floodway encroachments).

(5)

Map determinations.

a.

Make interpretations where needed, as to the exact location of the boundaries of the areas of special flood hazards. Where there appears to be a conflict between a mapped boundary and actual filed conditions, grade and base flood elevations shall be used to determine the boundaries of the special flood hazard area. The person contesting the location of the boundary shall be given a reasonable opportunity to appeal the interpretations as provided in Article 6.

(6)

Remedial action.

a.

Take action to remedy violations of this chapter as specified in Section 9-8.303.

(Ord. No. 776, § 1(Exh. A), eff. 9-5-2014)

The Planning Commission of the City shall initially hear and decide appeals when it is alleged there is an error in any requirement, decision, or determination made by the Floodplain Administrator in the enforcement or administration of this chapter, subject to rights of further appeal to the City Council as provided in the Section 9-6.115, Appeals.

(Ord. No. 776, § 1(Exh. A), eff. 9-5-2014)

(a)

In all areas of special flood hazards the following are required:

(1)

Anchoring.

a.

All new construction and substantial improvements of structures, including manufactured homes and accessory dwelling units or junior accessory dwelling units (ADU's or JADU's), shall be adequately anchored to prevent flotation, collapse or lateral movement of the structure resulting from hydrodynamic and hydrostatic loads, including the effects of buoyancy.

b.

All manufactured homes and ADU's and JADU's shall meet the anchoring standards of Section 9-8.504.

(2)

Construction materials and methods.

a.

All new construction and substantial improvements shall be constructed:

1.

With flood resistant materials, and utility equipment resistant to flood damage for areas below the base flood elevation;

2.

Using methods and practices that minimize flood damage;

3.

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

4.

If within zones AH or AO, so that there are adequate drainage paths around structures on slopes to guide floodwaters around and away from proposed structures.

(3)

Elevation and flood proofing (See Section 9-8.202, Definitions for "Basement", "Lowest floor", "New construction", "Substantial damage" and "Substantial improvement").

a.

Residential construction, new or substantial improvement, shall have the lowest floor, including basement;

1.

In an AO zone, elevated above the highest adjacent grade to a height equal to or exceeding the depth number specified in feet on the FIRM, or elevated at least two (2) feet above the highest adjacent grade if no depth number is specified. (The State of California recommends that in AO zones without velocity the lowest floor be elevated above the highest adjacent grade to a height exceeding the depth number specified in feet on the FIRM by at least two (2) feet, or elevated at least four (4) feet above the highest adjacent grade if no depth number is specified.)

2.

In an A zone, elevated to or above the base flood elevation, said base flood elevation shall be determined by one of the methods on Section 9-8.403(a)(2) of this chapter. (The State of California recommends the lowest floor be elevated at least two (2) feet above the base flood elevation, as determined by the community.)

3.

In all other zones, elevated to or above the base flood elevation. (The State of California recommends the lowest floor be elevated at least two (2) feet above the base flood elevation.) Upon completion of the structure, the elevation of the lowest floor including basement shall be certified by a registered professional engineer or surveyor and verified by the Community Building Inspector of the City to be properly elevated. Such certification and verification shall be provided to the Floodplain Administrator.

b.

Nonresidential construction, whether new construction or substantial improvement, shall either be elevated to conform with Section 9-8.501(a)(3)a. of this article or, together with attendant utility and sanitary facilities;

1.

Be flood proofed below the elevation recommended under Section 9-8.501(a)(3)a. of this article so that the structure is watertight with walls substantially impermeable to the passage of water;

2.

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

3.

Be certified by a registered professional engineer or architect that the standards of Section 9-8.501(a)(3)b. of this article are satisfied. Such certification shall be provided to 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 floodwater. Designs for meeting this requirement must exceed the following minimum criteria:

1.

Have a minimum of two (2) openings having a total net area of not less than one (1) square inch for every square foot of enclosed area subject to flooding. The bottom of all openings shall be no higher than one (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 floodwater; or

2.

Be certified by a registered professional engineer or architect.

d.

Manufactured homes shall also meet the standards in Section 9-8.504.

(Ord. No. 853, § 3, eff. 10-20-2022)

(a)

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

(1)

Infiltration of floodwaters into the systems; and

(2)

Discharge from systems into floodwaters.

(b)

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

(Ord. No. 853, § 3, eff. 10-20-2022)

(a)

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

(b)

All subdivision plans will provide the elevation of proposed structure(s) and pad(s). If the site is filled above the base flood elevation, the lowest floor and pad elevations shall be certified by a registered professional engineer or surveyor and provided to the Floodplain Administrator.

(c)

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

(d)

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

(e)

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

(f)

All new subdivisions proposals and other proposed development, including proposals for manufactured and ADU's and JADU's home parks and subdivisions, greater than fifty (50) lots or five (5) acres, whichever is the lesser, shall:

(1)

Identify the special flood hazard areas (SFHAA) and base flood elevations (BFE).

(2)

Identify the elevations of lowest floors of all proposed structures and pads on the final plans.

(3)

If the site is filled above the base flood elevation, the following as-built information for each structure shall be certified by a registered civil engineer or licensed land surveyor and provided as part of an application for a letter of map revision based on fill (LOMR-F) to the Floodplain Administrator:

a.

Lowest floor elevation.

b.

Pad elevation.

c.

Lowest adjacent grade.

(Ord. No. 853, § 3, eff. 10-20-2022)

(a)

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:

(1)

Outside of a manufactured home park or subdivision;

(2)

In a new manufactured home park or subdivision;

(3)

In an expansion to an existing manufactured home park or subdivision; or

(4)

In an existing manufactured home park or subdivision on a site upon which a manufactured home has incurred substantial damage (see "substantial damage" definition) as a result of a flood, shall be elevated on a permanent foundation such that the lowest floor is elevated to or above base flood elevation (the State of California recommends at least two (2) feet above the base flood elevation) and be securely fastened to an adequately anchored foundation system to resist flotation, collapse and lateral movement.

(b)

All manufactured homes to be placed or substantially improved on sites in an existing manufactured home park or subdivision within zones A1-30, AH, and AE on the community's flood insurance rate map that are not subject to the provisions of 9-8.504(a) will be securely fastened to an adequately anchored foundation to resist flotation collapse and lateral movement, and will be elevated so that either:

(1)

The lowest floor of the manufactured home is at or above the base flood elevation (the State of California recommends at least two (2) feet 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 thirty-six (36) inches in height above grade.

(3)

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

(c)

Manufactured homes placed within manufactured home parks or subdivisions shall meet the standards in Section 9-8.504. All manufactured homes in special flood hazard areas shall meet the anchoring standards in Section 9-8.501(a), construction materials and methods requirements in Article 5.501.1 and flood openings requirements in Section 9-8.504(a).

(Ord. No. 853, § 3, eff. 10-20-2022)

(a)

All recreational vehicles placed on sites within zones A1-30, AH and AE on the community's flood insurance rate map will either:

(1)

Be on the site for fewer than 180 consecutive days, and 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

(2)

Meet the permit requirements of Article 4 of this chapter and the elevation and anchoring requirements for manufactured homes in Section 9-8.504(a).

(Ord. No. 853, § 3, eff. 10-20-2022)

(a)

Located within areas of special flood hazards established in Section 9-8.302 are areas designated as floodways. Since the floodway is an extremely hazardous area due to the velocity of floodwaters which carry debris, potential projectiles and erosion potential, the following provisions shall apply:

(1)

Encroachments, including fill, new construction, substantial improvement and other new development, are prohibited unless certification by a registered professional engineer or architect is provided, demonstrating that encroachments will not result in any increase in the base flood elevation during the occurrence of the base flood discharge.

(2)

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 this Article 5.

(Ord. No. 853, § 3, eff. 10-20-2022)

(a)

ADU building standards.

(1)

The ADU shall not exceed a single story, unless constructed above a detached garage, or the height limit of the applicable zoning district, whichever is more restrictive.

(2)

The floor area of the ADU together with the floor area of the primary dwelling unit shall not cause the parcel coverage for the subject site to exceed the maximum allowable lot coverage for the applicable zoning district.

(3)

The development of the ADU shall be subject to the property development standards for the subject zoning district in which the ADU is located.

(4)

Both attached and detached ADUs must be architecturally compatible, having similar materials and style of construction, with the primary dwelling and consistent with the established character of the adjoining residential neighborhood. The design and size of the ADU shall conform to all applicable standards of the building, health, and other codes adopted by the City. (Refer to Table 2-3 in Division 2 of this title for residential lot coverage requirements.)

(5)

Attached ADUs shall be compatible with and made structurally a part of the primary dwelling (e.g., share a common wall with the primary dwelling, rely partially on the primary dwelling for structural support, or be attached to the primary dwelling).

(6)

Detached ADUs shall comply with building and fire code separation standards and be compatible with the materials and colors of the primary dwelling.

(7)

No passageway is required in conjunction with the construction of an ADU.

(8)

Approval by the County Health Officer and City Public Utilities Director is required where a private water well and/or private sewage disposal system is being used.

(9)

Fire sprinklers are required for ADUs if fire sprinklers are required for the primary residence.

(10)

A new or separate utility connection directly between the ADU and the utility is not required unless the ADU is constructed with a new single-family home or a new detached structure.

(b)

JADU building standards. JADUs shall comply with the following:

(1)

A JADU must include a separate entrance from the main entrance to the proposed or existing single-family residence.

(2)

A JADU must include at least an efficiency kitchen, which includes a cooking facility with appliances and a food preparation counter and storage cabinets that are of reasonable size in relation to the size of the JADU.

(3)

A JADU may include separate sanitation facilities or may share sanitation facilities with the existing structure.

(4)

A JADU shall not be considered a separate or new dwelling unit for purposes of any fire or life protection ordinance or regulation, or for purposes of providing water, sewer, or power, including a connection fee.

(5)

Deed restriction. A JADU shall not be permitted unless a deed restriction, which shall run with the land, is recorded for the applicable lot, and filed with the City along with the permit application, and must do both of the following:

(6)

Prohibit the sale of the JADU separate from the sale of the single-family residence and include a statement that the deed restriction may be enforced against future purchasers.

(7)

Restrict the size and attributes of the JADU that conform with this section.

(c)

Multifamily ADUs. The following ADUs are permitted within a residential or mixed-use zone on a lot that has an existing multifamily dwelling:

(1)

One (1) or more ADUs, up to twenty-five (25) percent of the existing multifamily dwelling units, constructed within the portions of the existing multifamily dwelling structure that are not used as livable space, including, but not limited to, storage rooms, boiler rooms, passageways, attics, basements, or garages, if each unit complies with state building standards for dwellings.

(2)

Up to two (2) detached ADUs, subject to a height limit of sixteen (16) feet and four-foot rear yard and side setbacks.

(Ord. No. 853, § 3, eff. 10-20-2022)

(a)

The issuance of a variance is for floodplain management only. Insurance premium rates are determined by statute according to actuarial risk and will not be modified by the granting of a variance.

(b)

The variance criteria set forth in this article 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.

(c)

It is the duty of the City to 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 other requirements in this chapter 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.

(Ord. No. 776, § 1(Exh. A), eff. 9-5-2014)

(a)

The Planning Commission shall initially hear and decide appeals and requests for variances from the requirements of this chapter with rights of appeal to the City Council with time limits as set forth in Section 9-6.115.

(b)

The Planning Commission shall hear and decide appeals when it is alleged there is an error in any requirement, decision, or determination made by the Floodplain Administrator in the enforcement or administration of this chapter.

(c)

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

(1)

The danger that materials may be swept onto other lands to the injury of others;

(2)

The danger to 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 such damage on the existing 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 the 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 floodwaters 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 system, and streets and bridges.

(Ord. No. 776, § 1(Exh. A), eff. 9-5-2014)

(a)

Generally, variances may be issued for new construction, substantial improvement and other proposed new development to be erected on a lot of one-half-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 Articles 4 and 5 of this chapter have been fully considered. As the lot size increases beyond one-half-acre, the technical justification required for issuing the variance increases.

(b)

Variances may be issued for the repair or rehabilitation of "Historic structures" (as defined in Article 2 of this chapter) 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.

(c)

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

(d)

Variances shall only be issued upon a determination that the variance is the "minimum necessary" considering the flood hazard, to afford relief. "Minimum necessary" means to afford relief with a minimum of deviation from the requirements of this ordinance. For example, in the case of variances to an elevation requirement, this means the Planning Commission 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 Planning Commission believes will both provide relief and preserve the integrity of the local ordinance.

(e)

Any applicant to whom a variance is granted shall be given written notice over the signature of a community official 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 twenty-five dollars ($25.00) for one hundred dollars ($100.00) of insurance coverage; and

(2)

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

(3)

It is recommended that a copy of the notice shall be recorded by the Floodplain Administrator in the Office of the Fresno County Recorder and shall be recorded in a manner so that it appears in the chain of title of the affected parcel of land.

(f)

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 Insurance Administration, Federal Emergency Management Agency.

(g)

Variances shall only be granted if the Planning Commission and City Council make all of the findings listed in Section 9-6.703(a), as well as the following findings:

(1)

Showing of good and sufficient cause;

(2)

Determination that failure to grant the variance would result in exceptional "hardship" (as defined in Article 2 of this chapter) to the applicant; and

(3)

Determination that the granting of a variance will not result in increased flood heights or net fill, additional threats to public safety, extraordinary public expense, create "nuisances" (as defined in Article 2 of this chapter), cause "fraud or victimization" (as defined in Article 2 of this chapter) of the public, or conflict with existing local laws or ordinances.

a.

Net fill are defined by any material brought on to a project site within a flood plain area that would displace flood waters. All fill shall be offset by the removal of a like amount of material. This material may be removed from a portion of the project site; or it may be removed from a site in the immediate area where the removal of compensating material from the off-site location can be determined, to the satisfaction of the City Public Works Director, to result in a reasonable equivalence of hydrology and hydraulics to the situation before the development. For purposes of compliance, one or more individual parcels or an entire reach may demonstrate a "zero net fill" balance.

(h)

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 (a) through (e) of this section are satisfied and that the structure or other development is protected by methods that minimize flood damages during the base flood, does not result in additional threats to public safety and does not create a public nuisance.

(i)

The Planning Commission shall consider the following factors and may attach further conditions to the granting of variances as it deems necessary to further the purposes of this chapter:

(1)

The danger that materials may be swept onto other lands to the injury of others;

(2)

The danger to 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 such damage on the existing 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 the 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 floodwaters 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 system, and streets and bridges.

(Ord. No. 776, § 1(Exh. A), eff. 9-5-2014)