© Copyrighted. Municipal Code Corp., affiliated Municipality. 1995.
Chapter 34 FLOODS*
*Cross reference(s)Buildings and building regulations, ch. 14; emergency services, ch. 26; subdivisions, ch. 62; zoning, ch. 90.
State law reference(s)Flood control by cities, Water Code § 8000 et seq.; establishment of floodplain regulations, Water Code § 8410.5 et seq.
Article I. In General
Sec. 34-1. Statutory authorization.
Sec. 34-2. Findings of fact.
Sec. 34-3. Statement of purpose.
Sec. 34-4. Methods of reducing flood losses.
Sec. 34-5. Definitions.
Sec. 34-6. Lands to which this chapter applies.
Sec. 34-7. Basis for establishing areas of special flood hazard.
Sec. 34-8. Compliance.
Sec. 34-9. Abrogation and greater restrictions.
Sec. 34-10. Interpretation.
Sec. 34-11. Warning and disclaimer of liability.
Secs. 34-1234-30. Reserved.
Article II. Administration
Sec. 34-31. Development permit.
Sec. 34-32. Floodplain administrationDesignated.
Sec. 34-33. SameDuties and responsibilities.
Secs. 34-3434-55. Reserved.
Article III. Standards for Flood Hazard Reduction
Sec. 34-56. Standards of construction.
Sec. 34-57. Standards for storage of materials and equipment.
Sec. 34-58. Standards for utilities.
Sec. 34-59. Standards for subdivisions.
Sec. 34-60. Standards for manufactured homes.
Sec. 34-61. Appeal board, variance procedure.
Sec. 34-62. Conditions for variances.
Sec. 34-63. Flood control facility fees.
Sec. 34-64. Floodways.
Sec. 34-65. Mudslide-prone areas.
Sec. 34-66. Flood-related erosion-prone areas.
ARTICLE I. IN GENERAL
Sec. 34-1. Statutory authorization.
The state legislature has delegated the responsibility to local governmental units to adopt regulations designed to promote the public health, safety, and general welfare of its citizenry.
(Code 1960, § 7.1)
Sec. 34-2. Findings of fact.
(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 the cumulative effect of obstructions in areas of special flood hazards which increase flood heights and velocities, and when inadequately anchored, damage uses in other areas. Uses that are inadequately floodproofed, elevated or otherwise protected from flood damage also contribute to the flood loss.
(Code 1960, § 7.2)
Sec. 34-3. Statement of purpose.
It is the purpose of this chapter to promote the public health, safety, and general welfare, and to minimize public and private losses due to flood conditions in specific areas by provisions designed:
(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 flood blight areas;
(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.
(Code 1960, § 7.3)
Sec. 34-4. Methods of reducing flood losses.
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 in 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, filling, 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.
(Code 1960, § 7.4)
Sec. 34-5. Definitions.
The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:
Appeal means a request for a review of the city manager's interpretation of any provision of this chapter or a request for a variance.
Area of special flood hazard. See Special flood hazard area.
Area of special flood-related erosion hazard means the area subject to severe flood-related erosion losses. The area is designated as zone E on the flood insurance rate map (FIRM).
Area of special mudslide, i.e., mudflow, hazard is the area subject to severe mudslides, i.e., mudflows. The area is designated as zone M on the flood insurance rate map (FIRM).
Base flood means the flood having a one percent chance of being equalled or exceeded in any given year, also called the 100-year flood.
Basement means any area of the building having its floor subgrade, below ground level, on all sides.
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.
Flood or flooding means a general and temporary condition of partial or complete inundation of normally dry land areas from:
(1)The overflow of floodwaters;
(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 or undermining caused by waves or currents of water exceeding anticipated cyclical levels or suddenly caused by an unusually high water level in a natural body of water, accompanied by a severe storm, or by an unanticipated force of nature, such as flash flood or an abnormal tidal surge, or by some similarly unusual and unforeseeable event which results in flooding.
Flood boundary and floodway map means the official map on which the Federal Emergency Management Agency has delineated both the areas of special flood hazard and the floodway.
Flood insurance rate map (FIRM) means the official map on which the Federal Emergency Management Agency has delineated both the areas of special flood hazards and the risk premium zones applicable to the community.
Flood insurance study means the official report provided by the Federal Emergency Management Agency that includes flood profiles, the FIRM, the flood boundary and floodway map, and the water surface elevation of the base flood.
Floodplain or floodprone area means any land area susceptible to being inundated by water from any source. See Flooding.
Floodplain management means the operation of an overall program of corrective and preventive measures for reducing flood damage, including, but not limited to, emergency preparedness plans, flood control works and floodplain management regulations.
Floodplain management regulations 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 the police power. The term describes such state or 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, structures and their contents.
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.''
Highest adjacent grade means the highest natural elevation of the ground surface prior to construction next to the proposed walls of a structure.
Lowest floor means the lowest floor of the lowest enclosed area, including basement. An unfinished or flood-resistant enclosure, usable solely for parking of vehicles, building access or storage in an area other than a basement area is not considered a building's lowest floor; provided, that such enclosure is not built so as to render the structure in violation of the applicable nonelevation design requirements of this chapter.
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 180 consecutive days.
Manufactured home park or subdivision means a parcel or contiguous parcels of land divided into two or more manufactured home lots for sale or rent.
Mean sea level means, for purposes of the National Flood Insurance Program, the National Geodetic Verticle 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 means, for floodplain management purposes, structures for which the start of construction commenced on or after August 19, 1982.
100-year flood means a flood which has a one percent annual probability of being equalled or exceeded. It is identical to the base flood, which will be the term used throughout this chapter.
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 the chapter or otherwise deterring future similar violations, or reducing 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.
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, A130, AE, A99, AH, VO, V1V30, VE or V.
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 180 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; 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.
Structure means a walled and roofed building, including a gas or liquid storage tank, that is principally above ground, as well as a manufactured home.
Substantial improvement means any repair, reconstruction, or improvement of a structure, the cost of which equals or exceeds 50 percent of the market value of the structure either:
(1)Before the improvement or repair is started; or
(2)If the structure has been damaged, and is being restored, before the damages 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:
(1)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
(2)Any alteration of a structure listed on the National Register of Historic Places or the 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.
Violation means the failure of a structure or other development to be fully compliant with the community'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.
(Code 1960, § 7.5; Ord. No. 896, § 6(26), 10-7-93)
Cross reference(s)Definitions and rules of construction generally, § 1-2.
Sec. 34-6. Lands to which this chapter applies.
This chapter shall apply to all areas of special flood hazards, areas of flood-related erosion hazards and areas of mudslide, i.e., mudflow, hazards within the city.
(Code 1960, § 7.6)
Sec. 34-7. Basis for establishing areas of special flood hazard.
The areas of special flood hazard, areas of flood-related erosion hazards and areas of mudslide, i.e., mudflow, hazards identified by the Federal Emergency Management Agency in the scientific and engineering report entitled ``Flood Insurance Study for the City of Sanger,'' dated June 22, 1982, with an accompanying flood insurance rate map, is hereby adopted by reference and declared to be a part of this chapter. This flood insurance study is on file at 1700 Seventh Street, Sanger, California.
(Code 1960, § 7.7; Ord. No. 896, § 6(26), 10-7-93)
Sec. 34-8. Compliance.
No structure or land shall be constructed, located, extended, converted or altered without full compliance with the terms of this chapter and other applicable regulations. Violations of the provisions of this chapter by failure to comply with any of its requirements, including violations of conditions and safeguards established in connection with conditions, shall constitute a misdemeanor. Nothing in this chapter shall prevent the city from taking such lawful action as is necessary to prevent or remedy any violation.
(Code 1960, § 7.8)
Sec. 34-9. Abrogation and greater restrictions.
This chapter is not intended to repeal, abrogate, or impair any existing easements, covenants, or deed restrictions. However, where this chapter and another ordinance, easement, covenant, or deed restriction conflict or overlap, whichever imposes the more stringent restrictions shall prevail.
(Code 1960, § 7.9)
Sec. 34-10. Interpretation.
In the interpretation and application of this chapter, all provisions shall be:
(1)Considered as minimum requirements;
(2)Liberally construed in favor of the city council; and
(3)Deemed neither to limit nor repeal any other powers granted under state statutes.
(Code 1960, § 7.10)
Sec. 34-11. Warning and disclaimer of liability.
The degree of flood protection required by this chapter is considered reasonable for regulatory purposes and is based on scientific and engineering considerations. Larger floods can and will occur on rare occasions. Flood heights may be increased by manmade or natural causes. This chapter does not imply that land outside the areas of special flood hazards or uses permitted within such areas will be free from flooding or flood damages. This chapter shall not create liability on the part of the city, any officer or employee thereof, or the Federal Emergency Management Agency for any flood damages that result from reliance on this chapter or any administrative decision lawfully made thereunder.
(Code 1960, § 7.11; Ord. No. 896, § 6(26), 10-7-93)
Secs. 34-1234-30. Reserved.
ARTICLE II. ADMINISTRATION*
*Cross reference(s)Administration, ch. 2.
Sec. 34-31. Development permit.
A development permit shall be obtained before construction or development begins within any area of special flood hazard, areas of flood-related erosion hazards or areas of mudslide, i.e., mudflow, established in section 34-7. Application for a development permit shall be made on forms furnished by the city and may include, but not be limited to, plans in duplicate 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. Specially, the following information is required:
(1)Proposed elevation in relation to mean sea level, of the lowest habitable floor, including basement, of all structures; in zone AO or VO elevation of highest adjacent grade and proposed elevation of lowest habitable floor of all structures;
(2)Proposed elevation in relation to mean sea level to which any structure will be floodproofed;
(3)All appropriate certifications listed in section 34-33; and
(4)Description of the extent to which any watercourse will be altered or relocated as a result of proposed development.
(Code 1960, § 7.12)
Sec. 34-32. Floodplain administrationDesignated.
The city manager is hereby appointed to administer and implement this chapter by granting or denying development permits in accordance with this provision.
(Code 1960, § 7.13)
Sec. 34-33. SameDuties and responsibilities.
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.Determine that all other required state and federal permits have been obtained.
c.Determine that the site is reasonably safe from flooding.
d.Determine that the proposed development does not adversely affect the carrying capacity of the area of special flood hazard. For purposes of this chapter, ``adversely affects'' means that the cumulative effect of the proposed development when combined with all other existing and anticipated development will not increase the water surface elevation of the base flood more than one foot at any point.
(2)Use of other base flood data. When base flood elevation data has not been provided in accordance with section 34-7, the floodplain administrator shall obtain, review and reasonably utilize any base flood elevation and floodway data available from a federal, state or other source, in order to administer section 34-56. Any such information shall be submitted to the city council for consideration.