A.

The Federal Emergency Management Agency (FEMA) requires that flood-hazard regulations be adopted by all agencies participating in the National Flood Insurance Program, which was established by Congress for the purpose of minimizing flood losses by providing federally subsidized flood insurance for existing structures and reduced premiums for new structures. To participate in the program, the city must adopt and enforce floodplain-management measures to reduce the risk of flood losses. It is the purpose of the FP combining district to implement this federal mandate, to carry out the city's general plan policies regarding development in floodplain areas, and to provide land-use regulations in areas with properties situated within the designated floodplains of rivers, creeks, streams, and watercourses in order to:

1.

Protect public health, safety, and welfare;

2.

Minimize public and private losses as a product of floods or construction in flood-hazard areas;

3.

Require that uses vulnerable to floods be protected against flood damage by incorporating floodproof construction standards in their design or be developed outside flood-prone areas at the time of their initial construction;

4.

Protect riparian corridors along waterways by reducing alterations to the natural floodplain and stream channels which help accommodate floodwaters by encouraging sensitive development adjacent to and within floodplains;

5.

Prohibit filling, grading, dredging, or development which may individually or cumulatively cause flood damage or danger to life or property;

6.

Prevent stream erosion which may adversely affect the fisheries of streams and the river or cause loss of property;

7.

Prevent the construction of flood barriers which may unnaturally direct floodwaters or raise flood levels thereby increasing flood hazards in other areas;

8.

Protect areas of pleasing appearance to the community and visitors; enhance the natural environment through the provision of open space; break up the monotony of continuous urban development; and increase community pride;

9.

Make every effort to reserve and improve public access to and along the creeks for riding, hiking, fishing, and nature observation;

10.

Encourage development to occur outside of flood-prone areas;

11.

Reduce public liability and the need for expensive public works projects in flood-prone areas;

12.

Preserve wildlife and wildlife habitat along the Sacramento River and area creeks from erosion, loss of vegetation, degradation of water quality, and a loss of thermal cooling;

13.

Ensure that adequate capacity for future urban runoff is reserved;

14.

Ensure that, as a product of any encroachment into the floodplain, flood levels are not significantly raised on other properties resulting in a need for further encroachment to protect the property;

15.

Ensure that stream velocities are not significantly increased which could cause erosion above, below, or across from an area of encroachment or realignment;

16.

Ensure that proposals to encroach into floodplains fully address the following issues:

a.

Size of a stream, major or minor,

b.

Existing and future volume of water,

c.

Existing and future changes in the velocity of water,

d.

Impact on adjoining properties,

e.

Potential for increased erosion upstream or downstream,

f.

Potential for riprap and type of riprap,

g.

Riparian habitat,

h.

Fisheries and wildlife,

i.

Urban trails and fishing access,

j.

Water temperature,

k.

Aesthetics,

l.

General plan consistency,

m.

Liability, both public and private,

n.

Depth of floodplain and fill needed,

o.

Amount of existing usable area on parcel and additional area to be created,

p.

Maintenance responsibility and costs,

q.

Short-term gains versus long-term costs,

r.

Future increases in runoff;

17.

Protect individuals from buying land by identifying such land which is unsuited for intended purposes because of flood hazards.

(Ord. 547 §4(part), 1994).

As used in this chapter, unless the context otherwise requires, the following words and phrases shall have the meanings respectively ascribed to them:

"Appeal" means a request for a review of the floodplain administrator's interpretation of any provision of this chapter or a request for a variance.

"Area of shallow flooding" means a designated AO, AH, or VO zone on the Flood Insurance Rate Map (FIRM). The base-flood depths range from one to three feet; a clearly defined channel does not exist; the path of flooding is unpredictable and indeterminate; and velocity flow may be evident.

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

"Base flood" means a flood having a one percent chance of being equaled or exceeded in any given year. Same as the one-hundred-year floodplain.

"Base floodplain" means the area covered by a base flood which is generally defined by FEMA as zone A, AO, A1-30, and AE on the Flood Insurance Rate Map.

"Contiguous to" means property bordering the base floodplain which would have a finished lot level of less than one foot above the base-flood elevation and unless otherwise protected.

"Design flood" means the flood against which protection is to be provided by means of land-use regulation, flood protection, or flood-control works. The design flood shall be the base-flood-recurrence interval (See "base flood" definition).

"Development" means any man-made change to improved or unimproved real estate, including, but not limited to, buildings or other structures, mining, dredging, filling, grading, landscaping, paving, excavation, or drilling operations.

"Equal conveyance" means an equal amount of encroachment on both sides of a channel and an equal displacement of water or narrowing of the natural channel.

"Flood" or "Flooding" means a general and temporary condition of partial or complete inundation of normally dry land areas from (1) the overflow of flood water, (2) the unusual and rapid accumulation or runoff of surface waters from any source, and/or (3) the collapse or subsidence of land along the shore of a lake or other body of water as a result of erosion of 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 a flash flood, or an abnormal tidal surge, or by some similarly unusual and unforeseeable event which results in flooding as defined in this definition.

"Flood Boundary and Floodway Map" means the official map on which the Federal Emergency Management Agency or Federal Insurance Administration has delineated both the areas of flood hazard and the floodway.

"Flood fringe" means the area between the one-hundred-year flood boundary and the floodway shown on the Flood Boundary and Floodway Map incorporated in the Flood Insurance Study.

"Flood Insurance Rate Map (FIRM)" means the official map on which the Federal Insurance Administration has delineated both the "floodplain" and "risk-premium" zones applicable to the city.

"Flood Insurance Study" 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 FIRM, the Flood Boundary and Floodway Map, and the water-surface elevation of the base flood.

"Floodplain" includes the floodway, flood fringe, and means the same as "base floodplain" and the "area of special flood hazard." "Floodplain" or "floodplain area" means any land area susceptible to being inundated by water from any source. (See definition of "flooding.") The elevations and boundaries of flooding within the floodplain are defined by zones A, AO, A1-30, and AE of the Flood Insurance Rate Map prepared by the Federal Emergency Management Agency (FEMA).

For creeks where FEMA has not established floodplain elevations with a detailed study, the elevations shall be determined by a registered civil engineer and approved by the planning commission pursuant to Section 18.47.110.

"Floodplain area" means an area having flood, mud slide (i.e., mud flow and/or flood-related erosion hazards, as shown on a Flood Insurance Rate Map (FIRM) or Flood Boundary and Floodway Map.

"Floodplain district (FP)" is a zoning district that is combined with other zoning designations of lots that are either wholly or partially within the floodplain.

"Floodplain management" means the operation of an overall program of zoning corrective and preventative measures for reducing flood damage, including, but not limited to, emergency preparedness plans, flood-control works, and floodplain-management regulations.

"Floodplain management regulations" means zoning ordinances, subdivision regulations, building codes, health regulations, special purpose ordinances (such as floodplain ordinance, grading ordinance, and erosion control ordinance) and other applications of police power. The term describes such state of local regulations in any combination thereof, which provide standards for the purpose of flood-damage prevention and reduction.

"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, and structures and their contents.

"Flood protection" means an action taken to protect property and structures from inundation by the base flood or greater event.

"Flood-related erosion" means the collapse or subsidence of land along the shore of a river, creek, or other body of water as a result of erosion of undermining caused by 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 a flash flood or by some similarly unusual and unforeseeable event which results in flooding.

"Floodway" includes the channel and adjacent area of a waterway that must be kept free of encroachment or alteration in order that a base-flood event may be carried without substantial increases in flood heights or flood velocities. The width and location of the floodway are determined by cross sections presented in the Flood Insurance Study prepared by the Federal Emergency Management Agency dated January 3, 1985, on file in the city planning department, as may be amended from time to time.

"Freeboard" means a factor of safety 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.

"Hydraulic Engineering Center Model 1 (HEC-1)." The model is designed to stimulate the surface runoff response of a stream basin to precipitation by representing the basin as an interconnected system of hydrologic and hydraulic components. Each component models an aspect of the precipitation-runoff process within a portion of the basin, commonly referred to as a subbasin. A component may represent a surface-runoff entity, a stream channel, or a reservoir. Representation of a component requires a set of parameters which specify the particular characteristics of the component and mathematical relations which describe the physical processes. The result of the modeling process is the computation of stream flow by hydrographs at desired locations in the stream basin.

The model can be used in making flood predictions from rainfall run-off for any state of upstream urbanization.

In so doing, the model considers time of concentration and detention characteristics of the tributary area. The model can also be used to estimate the velocity of surface water but cannot be used to determine backwater-curve elevations. A hydraulic computer program (HEC-2) is generally used in conjunction with HEC-1 to obtain backwater curves or surface-water profiles.

The model can be used to develop discharge-frequency curve and associated levels of confidence through sensitivity analysis of rainfall and run-off parameter input.

"Hydraulic Engineer Center Model 2 (HEC-2). This model is intended for calculating water-surface profiles for steady, gradually varied flow in natural or man-made channels. Both subcritical and supercritical flow profiles can be calculated. The effects of various obstructions such as bridges, culverts, weirs, and structures in the floodplain may be considered in the computations. The computational procedure is based on the solution of the one-dimensional energy equation with energy loss due to friction evaluated with Manning's equation. The computational procedure is generally known as the standard step method. The program is also designed for application in floodplain management and flood-insurance studies to evaluate floodway encroachments and the designate flood-hazard zones. Also, capabilities are available for assessing the effects of channel improvements and levees on water-surface profiles.

"Hydraulic Engineering Center Water Resources Council Model CPD-13." This model is used in calculating the flood-frequency curve from data over a period of time from stream-gauge history of sufficient length (at least ten years). The model is capable of developing confidence limits associated with the frequency curve.

"Lowest floor" means the lowest flood of the lowest enclosed area, including a basement and garage.

"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 connected to the required utilities. For floodplain-management purposes, the term "manufactured home" also includes park trailers, travel trailers, and other similar vehicles placed on a site for greater than one hundred eighty consecutive days. For insurance purposes, the term does not include park trailers, travel trailers, and other similar vehicles.

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

"Scenic or riparian corridor" includes areas that border segments of seasonal creeks which contain vegetation natural to waterways.

"Special Flood Hazard Area (SFHA)" means an area having special flood or flood-related erosion hazards and shown on an FHBM or FIRM as zone A, AO, A1-30, AE, A99, AH, VO, V1-30, VE, or V.

"Standard protection flood" is the largest flood that can be expected from the most severe combination of meteorological and hydrological conditions reasonably characteristic of the geographical region involved. Such a flood provides a reasonable upper limit to be considered in designing flood-control works, in delineating floodplain limits, and shall be generally applicable where its occurrence would have a high probability of hazard to human life.

"Start of construction" includes substantial improvement and means the date the building permit was issued, provided the actual start of construction, repair, reconstruction, placement, or other improvement was within one hundred eighty days of the permit date. 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; not 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.

"Substantial improvement" means any repair, reconstruction, or improvement of a structure, the cost of which equals or exceeds fifty percent of the market value of the structure either before the improvement or repair is started, or if the structure has been damaged and is being restored, before the damage occurred. For the purposes of this definition "substantial improvement" is considered to occur when the first alteration of any wall, ceiling, floor, or other structural part of the building commences, whether or not that alteration affects the external dimensions of the structure.

The term does not, however, include either:

A.

Any project for improvement of a structure to comply with existing state or local health, sanitary, or safety code specifications which are solely necessary to assure safe living conditions; or

B.

Any alteration of a structure listed on the National Register of Historic Places or a State Inventory of Historic Places.

"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.

"Velocity of water" is the rate of flow measured in feet per second at specified depths within the floodway, flood fringe, or area immediately adjacent to a proposed floodplain encroachment.

"Violation" means the failure of a structure or other development to be fully compliant with the city's floodplain-management regulations. 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.

(Ord. 547 §4(part), 1994).

The regulations of this chapter provide seven levels of protection within and along waterways of the FP combining district by (1) generally prohibiting development within the floodway; (2) allowing only limited use and development in the floodway fringe; (3) regulating uses and development in properties contiguous to the flood fringe and outside of the floodplain, which do not meet the minimum protection standards; (4) reviewing proposed development located in designated scenic corridors; (5) reviewing all development permits to determine that the permit requirements of this chapter have been satisfied; (6) reviewing all permits to determine that the site is reasonably safe from flooding; and (7) reviewing all development permits to determine if the proposed development adversely affects the flood-carrying capacity of the area of special flood hazard.

Accordingly, the regulatory scope of this chapter is as follows:

A.

These regulations and standards shall be applied uniformly to all lots which, after considering evidence from flood experience and engineering studies, are deemed subject to inundation by a one-hundred-year flood, are within the FP district of the city limits and are recommended for all lots meeting the same criteria within the city's sphere of influence.

B.

These regulations and standards shall apply to land outside of the floodplain but within the FP district if the planning commission determines that the proposed development or use of the property bears relationship to the floodplain, has an unprotected finished floor level of less than two feet above the one-hundred-year flood elevation, may adversely affect a designated scenic corridor, or where a potential of bank undermining exists.

C.

Ensure that floodplain development does not unnecessarily adversely affect a scenic corridor, or riparian habitat.

(Ord. 547 §4(part), 1994).

A.

Except as provided for in this chapter, all development and uses in the base floodplain, including grading and fill, are prohibited without approval, as specified in this chapter.

B.

Any development within the floodplain shall comply with the standards of Section 60.3(a, b, c, and d) and Section 60.6(a) of the Rules and Regulations of the National Flood Insurance Program (44 CFR 59), incorporated in this chapter by reference; the development standards of this chapter; and any conditions of approval applied to the development.

C.

Where there appears to be a conflict between a mapped boundary and actual field conditions and the conflict cannot be attributed to fill materials being deposited to alter the elevations, the planning commission may make interpretations, where needed, as to the exact location of the boundary of the floodway and flood fringe consistent with the purpose of this chapter. Any person contesting the location of the boundary shall be given a reasonable opportunity to appeal the interpretation. Such appeals shall be reviewed consistent with the variance and exception procedures to Title 44, Section 60.6 of the rules and regulations of the National Flood Insurance Program (44 CFR 59, etc.). All costs for information necessary to make an interpretation shall be borne by the property owner and shall follow the procedures listed in Section 18.47.100.

D.

Backwater areas along streams, which rise or fall with the level of water in the adjacent stream are considered to be within the base floodplain of the adjacent creek or stream unless proven by a registered hydrologist/engineer that these water levels are not the same level as the base flood of the adjacent stream and may have a base floodplain of their own.

E.

Encroachment into floodplains shall not cause the water velocity of the base flood to exceed two feet per second, as measured at the closest point to the proposed encroachment or any existing structures where the depth is two feet; nor shall water velocities be made sufficient to carry obstructions into the floodway; nor shall the base-flood elevation, as a product of encroachment, be raised by more than three inches from encroachment on one side only or more than six inches taking into consideration encroachment on both sides.

F.

All floodplain elevations shall include run-off from future upstream urbanization and shall assume equal encroachment on both sides of a stream.

G.

When base-flood elevation data has not been provided by federal, state, or local agencies, the owner shall be responsible for obtaining the information in accordance with Section 18.47.110.

H.

Certification of the elevation of the lowest floor, flood-proofed elevation, or the elevation of the structure's lowest horizontal member, is required at the time when the footings are set and slab poured. Failure to submit elevation certification shall be cause to issue a stop-work order for a project. As-built plans certifying the elevation of the lowest adjacent grade are required to be submitted to the building official.

I.

The building official and city engineer will review proposed development to assure that all necessary permits have been received from those governmental agencies from which approval is required by federal or state law, including Section 404 of the Federal Water Pollution Control Act Amendments of 1972.

(Ord. 547 §4(part), 1994).

The following uses in a flood fringe area are prohibited unless the area is raised to a height of one foot above the estimated base-flood elevation based upon an approved application for encroachment:

A.

The storage of processing of materials that, in time of flooding, are buoyant or explosive; that could be injurious to human, animal, or plant life; or that may unduly affect the capacity of the floodway or unduly increase flood heights.

B.

Mobile homes, manufactured homes. This prohibition also applies to trailers, campers, and similar vehicles when placed on a site for greater than one hundred eighty consecutive days.

C.

Underground storage of toxic or flammable substances that would be injurious to human, animal, or plant life.

(Ord. 547 §4(part), 1994).

The following uses in the FP district are allowed within the flood fringe, provided they are allowed in the district combined with the FP district, meet FEMA development standards, and do not extend into the floodway:

A.

Actions approved by the Department of Fish and Game to enhance riparian or wildlife habitat.

B.

Emergency actions approved by the city manager taken to protect existing property or facilities not including concrete or asphalt riprap or narrowing the existing channel.

C.

Removal of water-deposited debris that could result in channel alteration subject to obtaining a grading permit and any permits from the Department of Fish and Game.

D.

Maintenance and repair to existing structures and yards and normal maintenance of existing channels, ditches, or levees.

E.

Bridges with a design capacity to pass a one-hundred-year flood without impedance of base-flood waters, taking into consideration full urbanization of the tributary area.

(Ord. 547 §4(part), 1994).

The following uses are permitted without a use permit in the FP district for the area outside of the flood fringe:

Any permitted use in the district combined with the FP district, provided there is not any encroachment into the floodplain. The minimum setback from creeks shall be fifteen feet. The finished floor elevation of any habitable structure shall be one foot above the base floodplain elevation, as identified by FEMA, and the structure shall have year-round access not subject to inundation by a base flood of a depth of more than one foot.

(Ord. 547 §4(part), 1994).

The following uses may be permitted by use permit in the FP district for the area outside of the floodway, provided such uses meet the standards of Section 18.47.090:

A.

Flood-control project;

B.

Gravel and sand-extraction operations when a riparian and fishery reclamation plan has been approved by the planning commission and necessary permits have been obtained from the State Department of Fish and Game and the Army Corps of Engineers, provided such operations will not broaden the floodplain nor direct flood flows out of the natural floodplain;

C.

Public parks, picnic areas, playgrounds, boat launch, equestrian, pedestrian and bicycle trails, and golf courses which involve only the open use of land without permanent structures and which do not impede flood flows;

D.

Water-related recreational uses not exceeding thirty consecutive days in any one year, excluding recreational uses that create noise levels exceeding a fifteen-minute leq of sixty dbA adjacent to the nearest residential property boundary, which would create permanent improvements or would result in destruction of banks;

E.

Underground utilities including sewer, water, electric, telephone, and cable lines properly floodproofed. Overhead electric lines greater than twelve kV;

F.

Agriculture and hobby farming including field crops, orchards, vineyards, and grazing;

G.

New residential, agricultural, and commercial structures permitted by the underlying district regulations involved, provided floodproofing and/or flood-protective measures have been installed in a manner meeting with the approval of the city's engineer, chief building official, and fire marshal.

H.

Hydroelectric projects pursuant to the preparation of an environmental-impact report;

I.

Unless otherwise noted, any use allowed by the district with which the FP district is combined may be permitted subject to obtaining a use permit, provided the following are in evidence:

1.

The use meets the provisions of this chapter,

2.

The use is consistent with the Corning general plan,

3.

The use is consistent with the zoning of the parcel,

4.

Adequate floodproofing and/or flood-protection measures have been installed meeting with the approval of the city's engineer, chief building official, and fire marshal, and planning commission.

(Ord. 547 §4(part), 1994).

Any structures or construction activities within the flood fringe or floodway shall be subject to the following:

A.

Construction, General. No construction or grading is to limit the capacity of the floodway or increase the elevation of the base-flood surface by more than one-half foot, assuming equal encroachment on both sides or more than three inches from encroachment on one side only. All structures are to be located outside the floodway.

B.

Anchoring. All new construction and substantial improvements shall be anchored to prevent flotation, collapse, or lateral movement of the structure.

C.

Construction Materials and Methods.

1.

All new construction and substantial improvements shall be constructed with materials and utility equipment resistant to flood damage.

2.

All new construction and substantial improvements shall use methods and practices that minimize flood damage.

3.

All nonstructural elements that function as a part of the structure, such as furnace, hot-water heater, air conditioner, etc., shall be elevated to one foot above the base-flood elevation or depth number specified on the Flood Insurance Rate Map (FIRM).

D.

Elevation and Floodproofing.

1.

New construction and substantial improvement of any structure shall have the bottom of the lowest floor beam or basement floor elevated six inches above the base-flood elevation and the finished floor elevation shall be one foot above the base-flood elevation. Upon completion of the structure, the elevation of the lowest floor, including the basement, shall be certified by a registered professional engineer or licensed land surveyor. The certification shall then be submitted to the building official, who shall then verify that certification requirements have been met.

2.

If there is not a depth number on the Flood Insurance Rate Map (FIRM) for the base-flood elevation, then the bottom of the lowest floor beam or basement floor shall be elevated six inches above the calculated base-flood elevation. Nonhabitable structures will meet standards in subsection (D)(3) of this section. Upon completion of the structure, evidence of compliance to the elevation requirement shall be submitted to the building official, which shall be certified by a registered professional engineer or licensed land surveyor.

3.

Nonresidential construction shall either be elevated in conformance with subsection (D)(1) or (D)(2) of this section or together with attendant utility and sanitary facilities, be floodproofed to the base-flood elevation, including the following standards:

a.

Be floodproofed so that below the base-flood level the structure is watertight with walls substantially impermeable to the passage of water;

b.

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

c.

Be certified by a registered professional engineer or architect that the standards of this subsection are satisfied. Such certifications shall be provided to the city's building department.

E.

Require for all new construction and substantial improvements that fully enclosed areas below the lowest floor that are subject to flooding shall be designed to automatically equalize hydrostatic flood forces on exterior walls by allowing for entry and exit of floodwaters. Designs for meeting this requirement must either be certified by a registered professional engineer or architect or meet or exceed the following minimum criteria:

1.

Either a minimum of two openings having a total net area of not less than one square inch for every square foot of enclosed area subject to the flooding shall be provided, or the bottom of all openings shall be no higher than one foot above grade. Openings may be equipped with screens, louvers, valves, or other coverings or devices, provided that they permit the automatic entry and exit of floodwaters; or

2.

Be certified to comply with a local flood-proofing standard approved by the Federal Insurance Administration.

F.

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 floodwaters.

2.

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

G.

Standards for Levees. Design criteria for levees shall incorporate adequate design and operation and maintenance systems to provide protection from the base flood. The following requirements must be met:

Freeboard. Riverine levees must provide a minimum freeboard of three feet above the water-surface level of the base flood. An additional one foot above the minimum is required within one hundred feet in either side of structures (such as bridges) riverward of the levee or wherever the flow is constricted. An additional one-half foot above the minimum at the upstream end of the levee, tapering to not less than the minimum at the downstream end of the levee, is also required.

(Ord. 547 §4(part), 1994).

Existing parcels which at the time of the effective date of this chapter, fall wholly within a floodplain, or which have a residual area outside of the floodplain which by itself, does not meet the minimum lot size for the zoning district in which it is located or is less than five thousand square feet, whichever is less, may seek relief as follows:

A.

Petition to encroach into the flood fringe pursuant to Section 18.47.110;

B.

Seek a use permit to reduce any required setback by fifty percent, provided the floodplain area is placed in an open-space easement or dedicated to the city;

C.

Offer to dedicate the flood-fringe area to the city council in exchange for a dwelling-unit credit at a ratio of one unit per ten acres dedicated. Floodplain areas claimed by the state of California are not eligible for a dwelling-unit credit. If the city council approves the exchange, the dwelling-unit credit could then be added to the density of any subdivided residential property of five acres or more in the city, subject to the following:

1.

Any dwelling-unit credit must be used within five years of the date approved by the city council.

2.

The density of the recipient property is not increased by more than twenty percent above what the Corning general plan otherwise would allow.

3.

The dwelling-unit credit would not change the intended use shown by the general plan. For example, single family would not be multiple family.

4.

The development of the recipient property meets all other standards of the city pertaining to the property.

5.

The dwelling-unit credit is not in addition to any other bonus-density provisions sought for the property.

6.

Any dwelling-unit credit shall be in the form of a recorded agreement.

D.

The fringe area shall be calculated as follows:

The base-floodplain elevation and the edge of floodway shall be plotted on a one to four foot interval contour map of the property. The area then bonded by the edge of the floodway, edge of the base floodplain and property lines shall then be planimetered to calculate the flood fringe. That number shall then be divided by ten and reduced to the nearest whole number. In the event the flood-fringe area is less than ten acres, one dwelling unit credit can be given.

E.

Areas that are surrounded by floodway are not considered eligible for density credit.

(Ord. 547 §4(part), 1994).

A.

Property owners requesting permission to encroach into the flood fringe shall submit to the planning commission a hydraulic assessment of the base-flood event prepared by a hydrologist who is a registered civil engineer. The cost of evaluating the analysis by the city or its consultant will be the responsibility of the applicant. The assessment shall meet the requirements for surveying, hydraulic analysis, and flood-flow frequency analysis, as outlined in the Guidelines for Contractors prepared by FEMA, dated September 1982 or as subsequently amended. The city shall specify the hydraulic method and model to be used. Acceptable models for water-surface profiles include the latest version of the HEC-2. The city shall also require that calculations include the runoff from projected upstream urbanization of the tributary area, which may be obtained from the HEC-1 hydrograph model.

B.

The assessment shall include a flood-flow frequency analysis obtained from HECWRC Program Model (CPD 13) and, when there is insufficient gauged-flood history, then frequency analysis and associated levels of confidence shall be developed through sensitivity analysis of rainfall and runoff parameters impacts using HEC-1. The results of the base-flood event and resulting surface-water analysis shall be compared with a frequency chart using a ninety-percent confidence limit and curves of standard deviations from the mean versus the frequency exceedance range showing bands of confidence ranging from .05-.95.

C.

The assessment shall also include calculations and cross sections with a minimum interval of one hundred feet or less based on one-foot contour intervals and shall be submitted in a format for review by the city, relative to FEMA Flood Insurance Study Guidelines. Additional information may also be required by the city as necessary to make a final determination.

(Ord. 547 §4(part), 1994).

All requests for encroachments into a floodplain shall assume equal encroachment on both sides of a stream, unless it can clearly be determined that the opposite bank above the base-floodplain elevation which would be affected is unusable and not subject to erosion, undercutting from increased water velocity or raised flood levels, or has been placed in a permanent open-space status to the extent that there would be no impact from an increase in the level of the base flood.

(Ord. 547 §4(part), 1994).

Any application for encroachment into a flood-fringe area shall have an environmental assessment. Any encroachment which exceeds twenty thousand square feet in area, or significantly raises the projected flood levels on adjacent property, or has the potential to increase erosion, or diverts the natural flow of water, shall be subject to an environmental-impact report. The environmental-impact report shall evaluate the area needed to make a determination, taking into consideration the cumulative and long-term impact of the proposed encroachment, the relationship of the project to the purpose of this chapter, and alternatives to the proposed project.

(Ord. 547 §4(part), 1994).

The city will notify adjacent communities and the California Department of Water Resources prior to such alteration or relocation of a watercourse, and submit evidence of such notification to the Federal Insurance Administration, and assure that the flood-carrying capacity of the altered or relocated portion of said watercourse is maintained.

(Ord. 547 §4(part), 1994).

The degree of flood protection required by this chapter is considered reasonable for regulatory purposes and is based on scientific and engineering considerations. It is more probable that larger floods can and will occur, that the base flood may occur more often than the one percent frequency, and that flash floods may cause equal or greater damage. Flood heights inside the city limits may also be increased by man-made or natural causes in unincorporated areas. This chapter does not imply that land outside the areas of special flood hazards or uses permitted within such areas will be free from flooding or flood damage. This chapter shall not create liability on the part of the city, any officer or employee thereof, for any flood damages that result from reliance on this chapter or any administrative decision lawfully made thereunder.

(Ord. 547 §4(part), 1994).

If any nonconforming use or structure within the floodway is destroyed by any means, including floods, to an extent of fifty percent or more of its value, it shall not be reconstructed. Within the flood fringe, a structure may be reconstructed pursuant to Chapter 18.58 of this code, and provided that, upon reconstruction, the structure is adequately and safely floodproofed, elevated, or otherwise protected in conformity with the requirements of FEMA.

(Ord. 547 §4(part), 1994).

No building permit, license, certificate, or other approval or entitlement shall be issued or given by the city or any department or employee thereof with respect to any improvement subject to design review until the design of the improvement has been approved, as provided in this chapter, and the one-hundred-year flood elevation has been determined. No certificate of use and occupancy or similar approval shall be issued or given for any improvement subject to use permit by this chapter, unless and until a representative of the planning department has certified that the improvement has been completed in accordance with the use permit approved pursuant to this chapter.

(Ord. 547 §4(part), 1994).

A.

Any improvement constructed, located, repaired, altered, or maintained contrary to provisions hereof, after the effective date of this chapter, is declared to be unlawful and a public nuisance. If any permit is issued based on plans or other submittals by the applicant or his/her representative which are contrary to the chapter or planning commission approval, the applicant shall be responsible for correcting any work done under such permit in order to bring it into conformance with the approved design.

B.

Any grading or filling within the floodplain contrary to the provisions of this chapter is declared unlawful and a public nuisance.

C.

When the director of public works has been made aware of the unlawful deposit of fill or grading within the floodplain, he shall advise the property owner by registered mail that such material shall be removed within thirty working days and that a riparian reclamation plan be submitted for approval by the planning commission within the same period of time. Thereafter, the property owner will have nine months to implement the approved plan. The city-approved reclamation land shall be recorded and shall remain in the title report until the city is satisfied that substantial compliance has been achieved. Within thirty days of planning commission approval, the property owner shall deposit improvement security based on the value of reclamation improvements to ensure that the plan is implemented. Until such time as the property is restored to its natural conditions, no building, grading, or use permit shall be issued for improvement of the property.

(Ord. 547 §4(part), 1994).

A.

Unless encroachment into the flood fringe has been approved by the planning commission or the city council, as the case may be, no subdivision shall be approved which creates lots that extend into any flood fringe or floodway area and no lots shall use areas subject to flooding by a base flood in order to meet minimum area requirements. The surface area of all lots in a subdivision that are not subject to flooding by a base flood shall be a minimum of one foot above the estimated base-flood elevation; and all finished floor elevations, including basements, shall be at least one foot above the estimated base-flood elevation. Both the tentative and final map for a subdivision shall show the boundary of the base flood. The boundary shall be certified by the engineer preparing the map. All final maps shall also have a warning note on the map similar to Section 18.47.140.

B.

All final subdivision plans will provide the elevation of proposed structures, pads, and adjacent grade. If the site is filled above the base flood, the final pad elevation shall be certified by a registered professional engineer or surveyor and provided to the director of public works and shown on the map.

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 floor damage.

E.

All subdivision proposals shall have adequate drainage provided to reduce exposure to flood damage. Certification of compliance shall be required of the developer.

F.

Subdivisions will be required to have the base-flood elevation established before consideration of the tentative map.

(Ord. 547 §4(part), 1994).

A.

The planning commission shall hear requests for variances from the requirements of this chapter.

B.

Those aggrieved by the decision of the planning commission may appeal such decision to the city council.

C.

In considering a variance application, the planning commission shall consider all technical evaluations, all relevant factors, standards, etc., 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 individual owner.

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 uses that 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 for that area.

9.

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

10.

The expected heights, velocity, duration, rate of rise, and sediment transport of the flood waters and the effects of wave action, if applicable, expected at the site.

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, water system, and streets and bridges.

D.

Generally, variances may only be issued for new construction and substantial improvements 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 subsections A through F of this section have been fully considered. As the lot size increases beyond the one-half acre, the technical justification required for issuing the variance increases.

E.

Upon consideration of the factors of Section 18.47.190(D) and the purpose of this chapter, the planning commission may attach such conditions to the granting of variances as it deems necessary to further the purpose of this chapter.

F.

The planning director shall maintain the records of all appeal actions and report any variances to the Federal Emergency Management Agency upon request.

G.

Conditions for Variance.

1.

Variances may be issued for the reconstruction, rehabilitation, or restoration of structures listed on the National Register of Historic Places or the State Inventory of Historic Places, without regard to the procedures set forth in the remainder of this section.

2.

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

3.

Variances shall only be issued upon a determination that the variance is the minimum necessary, considering the flood hazard, to afford relief.

4.

Variances shall only be issued upon:

a.

A showing of good and sufficient cause such as renovation, rehabilitation, or reconstruction. Variances issued for economic considerations, aesthetics, or because variances have been used in the past, are not good and sufficient cause.

b.

A determination that failure to grant the variance would result in exceptional hardship to the applicant.

c.

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, cause fraud on or victimization to the public, or conflict with existing local laws or ordinances.

5.

Any applicant to whom a variance is granted shall be given written notice that the structure will be permitted to be built with a lowest flood elevation below the base-flood elevation and that the cost of flood insurance will be commensurate with the increased risk resulting from the reduced lowest floor elevation.

(Ord. 547 §4(part), 1994).