Chapter 155 — FLOODPLAIN MANAGEMENT

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

• (A) Protect human life and health;

• (B) Minimize expenditure of public money for costly flood control projects;

• (C) Minimize the need for rescue and relief efforts associated with flooding and generally undertaken at the expense of the general public;

• (D) Minimize prolonged business interruptions;

• (E) 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;

• (F) Help maintain a stable tax base by providing for the sound use and development of floodplains so as to minimize future blighted areas caused by flood damage;

• (G) Ensure that potential buyers are notified that property is in a floodplain; and

• (H) Ensure that those who occupy floodplains assume responsibility for their actions.

• (Ord. 1280, passed 6-7-06)

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

BASE FLOOD. A flood which has a 1% chance of being equaled or exceeded in any given year (also called the “ 100-YEAR FLOOD ”).

DEVELOPMENT. Any man-made change to improved or unimproved real property, including but not limited to construction of buildings or other structures, mining, dredging, filling, grading, paving, excavation or drilling operations.

DEVELOPMENT PERMIT. Any permit otherwise required by this code for any development, including but not limited to a demolition, grading, or building permit.

FLOOD or FLOODING .

(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; or mudslides (i.e., mudflows) which are proximately caused by flooding as defined herein and are akin to a river of liquid and flowing mud on the surfaces of normally dry land areas, as when earth is carried by a current of water and deposited along the path of the current; or

(2) The collapse or subsidence of land along the shore of a lake or other body of water as a result of erosion or undermining caused by waves or currents of water exceeding anticipated cyclical levels or suddenly caused by an unusual and unforeseeable event which results in flooding as defined in division (1) above.

FLOODPLAIN. Any land area subject to flooding during a base flood, as determined by the Floodplain Administrator based upon the Flood Insurance Rate Map issued by the United States Department of Homeland Security through the Federal Emergency Management Agency.

FLOODPLAIN ADMINISTRATOR. The city’s Chief Executive Officer or his or her designee.

HISTORIC STRUCTURE. Any structure that is:

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

(2) Certified or preliminarily determined by the Secretary of the Interior as contributing to the historical significance of a registered historic district or a district preliminarily determined by the Secretary to qualify as a registered historic district; or

• (3) Individually listed on a State of California inventory of historic places; or

• (4) Individually listed on the city’s local inventory of historic places if the city has adopted a historic preservation program that has been certified either by the State of California or the Secretary of the Interior.

NEW CONSTRUCTION.

• (1) Any structure for which a building permit is first issued on or after the effective date of this chapter;

(2) Any subsequent improvements to any structure for which a building permit is first issued on or after the effective date of this chapter; and

• (3) Any substantial improvement to any structure existing on the effective date of this chapter.

STRUCTURE. A walled and roofed building that is principally above ground; structure also includes a gas or liquid storage tank or a manufactured home to the extent the city may control such structures under state law.

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

SUBSTANTIAL IMPROVEMENT. Any reconstruction, rehabilitation, addition, or other proposed new development of a structure existing as of the effective date of this chapter, the cost of which equals or exceeds 50% of the market value of the structure before the start of construction of the improvement. This term includes structures which have incurred substantial damage, regardless of the actual repair work performed. The term does not, however, include either:

(1) Any project for improvement of a structure to correct violations of health, sanitary, or safety code specifications not resulting from substantial damage which have been identified by the city and which are the minimum necessary to assure safe living conditions; or

(2) Any alteration of a historic structure, provided that the alteration will not preclude the structure’s continued designation as a historic structure.

(Ord. 1280, passed 6-7-06)

This chapter shall apply to any development or subdivision of any land in the city which is located in any area identified as a floodplain. A map of all floodplains shall be kept on file in the Public Works Department. (Ord. 1280, passed 6-7-06)

No land within a floodplain shall be altered nor any new construction performed on such land without full compliance with the terms of this chapter. Violation of the requirements of this chapter (including violations of conditions and safeguards established in connection with conditions established under this chapter) 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. 1280, passed 6-7-06)

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

(Ord. 1280, passed 6-7-06)

(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 city; and

(3) Deemed neither to limit nor repeal any other powers granted the city under state or federal law, nor to limit or repeal the obligation to comply with any other state or federal law, whether or not enforced by the city.

(B) Nothing in this chapter shall be deemed to state or imply that compliance with the requirements of this chapter assures that flood or flooding will not cause damage either within a floodplain or within any other area in the city. (Ord. 1280, passed 6-7-06)

Prior to the issuance of a development permit by the city, the Floodplain Administrator shall review the development permit application to determine that the requirements of this chapter have been satisfied, and that all state and federal permits required for construction in a floodplain, if any, have been obtained.

(Ord. 1280, passed 6-7-06)

In addition to any other requirements of law, all new construction shall:

(A) Be designed (or modified) and adequately anchored to prevent flotation, collapse or lateral movement of the structure resulting from hydrodynamic and hydrostatic loads, including the effects of buoyancy.

(B) Be constructed with materials and utility equipment resistant to flood damage and using methods and practices that minimize flood damage, including but not limited to designing or locating all electrical, heating, ventilation, plumbing and air conditioning equipment and other service facilities so as to prevent water from entering or accumulating within the components during conditions of flooding.

(Ord. 1280, passed 6-7-06)

Any proposed subdivision of land in a floodplain shall be designed to assure that:

(A) The design of the subdivision is consistent with the need to minimize flood damage within the flood prone area;

(B) All public utilities and facilities serving the subdivision, including but not limited to sewer, gas, electrical, and water systems, are located and constructed to minimize or eliminate flood damage; and

(C) Adequate drainage is provided to reduce exposure to flood hazards.

• (Ord. 1280, passed 6-7-06)

(A) All new and replacement water supply and sanitary sewage systems within a floodplain shall be designed to minimize or eliminate:

• (1) Infiltration of flood waters into the systems; and

• (2) Discharge from the systems into flood waters.

(B) On-site waste disposal systems on land within a floodplain which are otherwise permitted by law shall be located to avoid impairment to them, or contamination from them during flooding.

(Ord. 1280, passed 6-7-06)