Minutes — Dinuba City Council, October 11, 2022

October 11, 2022

MINUTES
COUNCIL MEMBERS PRESENT:

Nerio-Guerrero, Reynosa, Longoria, Thusu, Launer
COUNCIL MEMBERS ABSENT:

None.

STAFF MEMBERS PRESENT:

Alaniz, Hurtado, Iriarte, James, Montejano, Patlan, Solis, Watts, Webster, Yanez

1. OPENING CEREMONIES

1.1. Welcome and Call to Order
Mayor Launer called the meeting to order at 6:30 p.m.

1.2. Invocation
The invocation was led by Chaplain Susee.

1.3. Pledge of Allegiance
The pledge of allegiance was led by Fire Chief Webster.

2. AGENDA CHANGES OR DELETIONS
To better accommodate members of the public or convenience in the order of presentation, items on the agenda may not be presented or acted upon in the order listed. Additions to Agenda may be added only pursuant to California Government Code section 54954.2(b).

None.

3. REQUEST TO ADDRESS COUNCIL
This portion of the meeting is reserved for any person who would like to address the Council on any item that is not on the agenda. Please be advised that State law does not allow the City Council to discuss or take any action on any issue not on the agenda. The City Council may direct staff to follow up on such item(s). Speakers are limited to three (3) minutes. If there is any person wishing to address the City Council at this time please approach the podium and state your name and nature of the request.

None.

4. CONSENT CALENDAR
Matters listed under the Consent Calendar are considered routine and will be enacted by one motion and one vote. There will be no separate discussion of these items. If discussion is desired, a member of the audience or a Council Member may request an item be removed from the Consent Calendar and it will be considered separately.

4.1. SUBJECT
Approval of Real Property Purchase and Sale Agreement between the City of Dinuba and Dinuba Unified School District (DJ)
a

RECOMMENDATION
Council to approve a Real Property Purchase and Sale Agreement for the Dinuba Vocational Center (APNs: 017-124-001, 017-124-002, 017-003 and 017- 124-014) between the City of Dinuba and Dinuba Unified School District.

4.2. SUBJECT
Resolution No. 2022-58 Declaring Certain Real Property Surplus Land Act Properties (DJ)
a

RECOMMENDATION
Council to adopt Resolution No. 2022-58 declaring that certain real property (APNs 017-280-002 & -020) as surplus land, and take related actions pursuant to California Government Code § 54221.

4.3. SUBJECT
Approval of City Council Meeting Minutes (MA)
a

RECOMMENDATION
Council to review and approve City Council meeting minutes of September 27, 2022 as presented.

4.4. SUBJECT
Proclamation No. 2022-05 Honoring the Dinuba High School Class of 1987 (MA)
a

RECOMMENDATION
Council to adopt Proclamation No. 2022-05 honoring the Dinuba High School Class of 1987.

4.5. SUBJECT
Second Reading of Ordinance No. 2022-10 Approving Amendments to Floodplain Management Ordinance (DY)
a

RECOMMENDATION
Council to waive further reading and adopt Ordinance No. 2022-10 approving amendments to the Floodplain Management Ordinance.

4.6. SUBJECT
Proclamation No. 2022-06 Dinuba Fire Station Centennial Celebration (JorW)
a

RECOMMENDATION
Council to adopt Proclamation No. 2022-06 honoring the 100th year of continuous operation of the City of Dinuba Fire Station.

4.7. SUBJECT
Recognition of Delta Mosquito and Vector Control District 100-year Anniversary. (DJ)
a

RECOMMENDATION
Council to approve recognition of the 100-year anniversary of the Delta Mosquito and Vector Control District. (DJ)
A motion was made by Council Member Thusu, second by Council Member Nerio-Guerrero, to review and approve the Consent Calendar as presented.

Ayes: Launer, Longoria, Nerio-Guerrero, Reynosa, Thusu

5. WARRANT REGISTER

5.1. SUBJECT
Warrant Register September 30 & October 7, 2022 (KS)
a

RECOMMENDATION
Council to review and approve the Warrant Register as presented.

A motion was made by Council Member Longoria, second by Vice Mayor Reynosa, to review and approve the Warrant Register as presented.

Ayes: Launer, Longoria, Nerio-Guerrero, Reynosa, Thusu

6. DEPARTMENT REPORTS

6.1. SUBJECT
Resolution No. 2022-57 Authorizing the El Monte Village Mobile Home Park Water Service Consolidation Project (IH)
a

RECOMMENDATION
Council adopt Resolution No. 2022-57 authorizing the Public Works Director to enter into a funding agreement with the State Water Resources Control Board for the El Monte Village Mobile Home Park Water Service Consolidation Project.

City Engineer Watts presented Resolution 2022-57, authorizing a funding agreement with the State Water Resources Control Board for the water systems connections to the El Monte Village Mobile Home Park. Watts reported that the Mobile Home Park's water system has been found to be in violation of the drinking water standards and requires city water connection for compliance.

Watts shared that the El Monte Village Mobile Home Park's management group and the State of California representatives agree that the compliance solution would be to connect to the city's water services. Watts stated that impact fees will be collected to offset the cost associated with the new connections to the city's water system.

Council Member Thusu asked about the city's liability during the water service connection. City Manager Patlan advised the contract will be reviewed and any concerns will be addressed. Patlan shared that the city will also pursue additional state funding opportunities for Well 21 and that the new connections would be billed similarly to other multi-family accounts.

A motion was made by Council Member Thusu, second by Council Member Longoria, to approve Resolution No. 2022-57 authorizing the Public Works Director to enter into a funding agreement with the State Water Resources Control Board for the El Monte Village Mobile Home Park Water Service Consolidation Project.

Ayes: Launer, Longoria, Nerio-Guerrero, Reynosa, Thusu

6.2. SUBJECT
Authorization to Execute Professional Services Agreement with Tripepi Smith for Graphic Design and Rebranding Services (DJ)
a

RECOMMENDATION
Council to approve a professional services agreement with Tripepi Smith for Graphic Design and Rebranding Services in an amount not to exceed $30,000.

Assistant City Manager James presented the professional service agreement with Tripepi Smith for the City of Dinuba graphic design rebranding. James reported that the Agreement would produce graphic standards to support a rebrand of the City's logo. James shared that the new graphics design would be used city-wide to create a more professional and consistent brand for the City of Dinuba.

James reported that the professional service agreement cost with Tripepi Smith would not exceed $30,000 and that the total cost has been budgeted.

A motion was made by Council Member Thusu, second by Council Member Longoria, to approve a professional services agreement with Tripepi Smith for Graphic Design and Rebranding Services.

Ayes: Launer, Longoria, Nerio-Guerrero, Reynosa, Thusu

7. MAYOR/COUNCIL REPORTS
Council Member Nerio-Guerrero thanked the city for the Proclamation for the Class of 1987 and shared that the class reunion is set for next Saturday at the golf course.

Council Member Longoria reported receiving a call from Romelia Castillo regarding the Veterans Celebration and invitations for the event are to follow.

Council Member Thusu reported receiving appreciation from the public for the upkeep on multiple maintenance projects around town. Thusu thanked the ambulance staff for their professional service during a medical call. Thusu reported that funding for transit system has helped. Thusu advised that the League of California Cities' survey will be available soon.

Council Member Reynosa thanked city staff who participated in the Chili Cookoff.

Mayor Launer reported attending a successful Chili Cookoff and reported having positive interactions with citizens. Launer reported that she attended the Centennial Celebration for Delta Mosquito District. Launer stated that the Delta Mosquito District thanked the city for its cooperation. Launer advised that Dog Days are coming up and of the Centennial Fire Celebration.

Mayor Launer requested that the Dinuba Chamber's financials be brought back to Council for review. City Manager Patlan advised that the presentation has already been done and shared that the Chamber will be returning to Council to go over the Raisin celebration.

8. CITY MANAGER COMMUNICATIONS
City Manager Patlan reported having a great time at the Chili Cookoff. Patlan advised that he will be out of the office Thursday morning attending a funeral and out of the office on Friday,

9. CITY STAFF COMMUNICATIONS
Assistant Manager James reported that he had a great time at the Chili Cookoff. James advised that the application for the Pocket Park grant collaboration with the school district, has moved to the second round. James reported that Able Industries has been working on cleaning the downtown area and doing a great job. James reported that he is working on a contract with Able Industries for continued clean-up support.

City Attorney Yanez advised he will be presenting the Electric Vehicle Charging Station Ordinance at the next council meeting.

Fire Chief Webster reported that the department has been busy working on the Centennial Celebration that is scheduled for this Saturday. Webster reported that a recruitment for Firefighter/Paramedic will be opened in the next upcoming weeks, currently have four vacancies. Webster reported he is working closely with the ROP Firefighter career pathway and funding from Alta District for the Intern Paramedic program.

Director Solis reported that the new Billing Clerk will begin on Monday, October 17th.

Police Chief Iriarte reported that the department has had multiple community events this month. Iriarte advised that the Drug Take Back is scheduled for October. 29th. Iriarte reported on the recruitments for Dispatcher and Animal Control Officer. Iriarte advised that there are 10 candidates going through the Animal Control Officer recruitment.

Director Hurtado reported that four state representatives will be conducting a site visit this Thursday for the Viscaya Neighborhood Park project.

Mayor Launer asked Hurtado about the dry landscaping at the Nebraska park, Hurtado responded she will follow up.

City Engineer Watts reported that the roundabout is a success. Watts advised that the College Avenue Railroad crossing and lighting project is coming along and will be completed in 2-3 weeks.

10. CLOSED SESSION

10.1. Public Employee Performance Evaluation Pursuant to GC Section 54957, Title:

City Manager (LP)
The City Council will conduct the City's Manager's annual performance evaluation.

10.2. Conference with Legal Counsel - Anticipated Litigation (DJ) Significant exposure to litigation pursuant to subdivision (b) of Government Code Section 54956.9; One (1) case.

No action taken.

11. ADJOURNMENT
Mayor Launer adjourned the meeting at 7:41 p.m.

City Council Staff Report
Department: CITY MANAGER'S OFFICE October 11, 2022
To: Mayor and City Council
From: Daniel James, Interim Assistant City Manager
Subject: Approval of Real Property Purchase and Sale Agreement between the City of Dinuba and Dinuba Unified School District (DJ)

RECOMMENDATION
Council to approve a Real Property Purchase and Sale Agreement for the Dinuba Vocational Center (APNs: 017-124- 001, 017-124-002, 017-003 and 017-124-014) between the City of Dinuba and Dinuba Unified School District.

EXECUTIVE SUMMARY
The City of Dinuba entered into a lease agreement on lease agreement, with the option to purchase on September 28, 2018 with the Dinuba Unified School District (DUSD) for the Dinuba Vocational Center. Staff received a Intent to Purchase Letter from DUSD on September 2, 2020 indicating their intent to purchase the facility. Staff has worked with the school district to prepare a Purchase and Sale Agreement which formalizes the purchase and outlines the terms of the purchase.

OUTSTANDING ISSUES
None.

DISCUSSION
The City of Dinuba entered into a lease agreement on lease agreement, with the option to purchase on September 28, 2018 with the Dinuba Unified School District (DUSD) for the Dinuba Vocational Center (APNs: 017-124-001, 017-124- 002, 017-003 and 017-124-014). The School District has leased the 40,000 square foot Dinuba Vocational Center building located at 199 North L Street since this time for the operation of their adult educational programs.

The Dinuba Vocational Center was originally constructed as part of an Economic Development Administration (EDA) Grant. The intent of this facility was to offer a centralized location for educational institutions to provide adult vocational training to the residents of Dinuba, and the surrounding communities. The City operated the Vocational Center for several years. However, due to the high expense of operations, and a lack of interest from regional educational centers, the City was forced to close the Vocational Center in the summer of 2016. Staff received a Intent to Purchase Letter from DUSD on September 2, 2020 indicating their intent to purchase the facility. Since receiving the letter of intent to purchase, staff has worked closely with the EDA to clear all liens and record all required continuing covenants on the subject property.

Staff has worked with the school district to prepare a Purchase and Sale Agreement which formalizes the purchase and outlines the terms of the purchase. The agreement is attached herein as 'Attachment A.' Under the terms of the agreement, DUSD will pay the remaining balance of the total purchase price, less the initial deposit and lease payments to date.Staff recommends Council approve the Purchase and Sale Agreement with the Dinuba Unified School District for the sale of the Dinuba Vocational Center and authorize the City Manager or designee to execute all necessary documentation to complete the sale of the property.

FISCAL IMPACT
The proceeds of the sale totaling $2,700,000.00 will be used to retire existing debt owed on the building.

PUBLIC HEARING
None Required.

ATTACHMENTS:

Description
A. Purchase and Sale Agreement with Dinuba Unified School District

PURCHASE AND SALE AGREEMENT

AND ESCROW INSTRUCTIONS

BETWEEN THE CITY OF DINUBA

AND DINUBA UNIFIED SCHOOL DISTRICT
(VOCATIONAL EDUCATION CENTER)

PREAMBLE
This Purchase and Sale Agreement and Escrow Instructions (this “Agreement”) is entered into September , 2022 (the “Effective Date”) between the CITY OF DINUBA, a California municipal corporation (the “Seller”), and DINUBA UNIFIED SCHOOL DISTRICT, a California unified school district (the “Buyer” or the “District”) (individually, a “Party,” and collectively, the “Parties”) on the terms and conditions which follow.

RECITALS
WHEREAS, on November 1, 2018, the Parties entered into an agreement entitled “Lease Agreement” in which Buyer leased from Seller certain improved real property located at 199 North L Street, Dinuba California, commonly known as the Vocational Education Center, and more particularly described in Exhibit A attached hereto and incorporated herein by reference (the “Property”); and
WHEREAS, the Lease Agreement includes a section entitled “Purchase Option,” which provides that Buyer (as “Tenant”) has the option to purchase the Property for a total purchase price of $2,700,000.00, with all lease payments made and the security deposit payments to be applied to the purchase price with the balance remaining due and payable at the end of escrow (the “Purchase Option”); and
WHEREAS, the Purchase Option provided that Buyer was to provide Seller (as “Landlord”) a written notice of its intent to exercise the Purchase Option on or before 30 days prior to the end of the Lease term, which was defined in the Lease Agreement as May 1, 2018; and
WHEREAS, Buyer and Seller executed an Extension to Lease Agreement dated April 28, 2020, which extended the Lease term for twelve (12) months from the date of the execution of said Extension, to April 28, 2023; and
WHEREAS, Buyer provided Seller with a written notice of intent to exercise the Purchase Option by letter dated August 24, 2020; and
WHEREAS, the Purchase Option provides that the sale of the Property to Buyer is contingent upon satisfactory release of any obligation, liens or encumbrances relating to the 2 Property set forth in grants from the U.S. Economic Development Administration (EDA) and the U.S. Department of Housing and Urban Development (HUD); and WHEREAS, as stated in Seller’s Representations and Warranties herein, both the HUD grant and the EDA grant have been satisfied and released from the Property; and WHEREAS, the Buyer desires to acquire the Property for educational, administrative and support purposes in order to serve the needs of the District; and WHEREAS, this Agreement and related documents set forth the complete understanding of the Parties.

TERMS, CONDITIONS AND COVENANTS
NOW, THEREFORE, the Parties agree as follows:

ARTICLE I

DEFINED TERMS
For purposes of this Agreement, the terms set forth herein shall have the following meanings:

1.01 Close of Escrow. “Close of Escrow” means the close of escrow for all purposes upon the Parties’ satisfaction of their respective duties pursuant to this Agreement shall occur within fifteen (15) days after all conditions set forth in Article V hereof are met and escrow provisions are complied with pursuant to Article IX hereof (the “Closing Date”).

1.02 Deed. “Deed” means a grant deed or deeds or similar instrument conveying title to the Property described herein from the Seller.

1.03 Escrow. “Escrow” means that escrow opened with Chicago Title Company; 7330 North Palm Avenue, Suite 101, Fresno, California 93711, as Escrow Number 45003898-SM.

1.04 Escrow Holder. “Escrow Holder” means Chicago Title Company; 7330 North Palm Avenue, Suite 101, Fresno, California 93711; telephone number: (559) 451-3700; facsimile number: (559) 431-8936; Sue Meyer, Escrow Officer (direct telephone number: (559) 451-3736; email address: [email protected]).

1.05 Escrow Instructions. “Escrow Instructions” means (a) the provisions of this Agreement requiring any action by or compliance on the part of the Escrow Holder; (b) escrow instructions known as “general provisions” which are pro forma escrow instructions of Chicago Title Company (to the extent such escrow instructions do not conflict with the escrow instructions specifically set forth in this Agreement); and (c) any other or supplemental instructions as may from time to time hereafter be signed and delivered by the Parties to the Escrow Holder. In the event of any conflict between this Agreement and the “general 3 provisions” of Chicago Title Company’s escrow instructions, the escrow instructions contained herein shall govern.

1.06 Preliminary Title Report. "Preliminary Report" means the Amended Preliminary Title Report prepared by Chicago Title Company dated March 31, 2022 and amended April 12, 2022, or as the same may be amended before the Close of Escrow, and attached hereto as Exhibit C and incorporated herein by reference.

1.07 Total Purchase Price. “Total Purchase Price” means the price, set forth in Section

2.02 below, to be paid by the Buyer to the Seller as total consideration for the purchase and sale of the Property.

1.08 Property. “Property” means the real property that is described in Exhibit A and depicted in Exhibit B, both of which are attached hereto and incorporated herein by reference.

1.09 Title Company. “Title Company” means Chicago Title Company.

1.10 Title Policy. “Title Policy” means an owner's policy of title insurance, CLTA Standard Coverage Policy, to be issued at the Close of Escrow by Chicago Title Company in the amount as specified to the Escrow Holder by the Buyer before the Close of Escrow.

ARTICLE II

AGREEMENT OF SALE

2.01 Purchase and Sale. Subject to the terms and provisions of this Agreement, the Seller agrees to sell to the Buyer and the Buyer agrees to purchase from the Seller all of the Seller’s right, title and interest in the Property, including any and all improvements thereon.

2.02 Total Purchase Price. The Total Purchase Price for the Property shall be the sum of Two Million Seven Hundred Thousand and No/100 Dollars ($2,700,000.00). The Parties hereby stipulate that as of the Effective Date of this Agreement, Buyer has paid Seller the sum of $1,942,837.00 in lease payments and security deposit payments, which shall be applied to the Total Purchase Price. The remaining sum of $757,163.00 (“Remaining Purchase Price”) shall be deposited into escrow prior to the Close of Escrow as described in Article VII hereof. If any additional lease payments are made by Buyer to Seller after the Effective Date and prior to Close of Escrow, said lease payment or payments shall be applied to the Total Purchase Price, and the Remaining Purchase Price shall be reduced accordingly.

ARTICLE III

THE SELLER'S REPRESENTATIONS AND WARRANTIES
The Seller covenants, represents and warrants the following:

3.01 Full Authority to Convey All Interest in the Property. The Seller has the full right, power and authority to execute this Agreement, and related title documents, has the full right, power and authority to perform all of the obligations hereunder, and has the full right, 4 power and authority to dispose of or otherwise convey the Property as described herein, and this Agreement constitutes the legal, valid and binding obligation of the Seller, enforceable against the Seller by its terms. The Seller represents that it has secured, or will secure before Close of Escrow, all appropriate consents necessary, if any, to consummate this Agreement. The Title Company shall satisfy itself that the Seller has full right, power and authority to execute this Agreement and to convey all right, title and interest set forth herein.

3.02 Compliance with Applicable Law and No Pending Litigation Against the Property. To the best of the Seller's knowledge, there is no violation of federal, state, local law, code, ordinance, rule, regulation or requirement, nor is there any pending or threatened litigation in connection with the Property which would prohibit the sale of the Property to Buyer or prohibit the District’s intended future use of the Property.

3.03 No Liens Securing Payment or Other Obligations on the Property. The Seller warrants that the Property is not encumbered, or will not be encumbered by the time of the Close of Escrow, by liens securing payment for other obligations which, if not performed, would entitle a third party or entity to foreclosure on the Property as collateral. The Seller understands that the property title contains continuing covenants that “run with the land” which are required by the Economic Development Administration (EDA), and that these encumbrances must remain on title in perpetuity. The Seller agrees to pay any general and special taxes which are delinquent on the Property, if any, and to pay any special assessments due on the Property as of the date of the Close of Escrow. District shall not be responsible for any general and special taxes, even if placed on the unsecured tax roll. Such taxes, if any, shall be the responsibility of the Seller. Any special assessments may be apportioned as of the date of Close of Escrow.

3.04 Hazardous Substances. To the best of the Seller’s knowledge, (a) the Property is not in violation of any federal, state or local law, ordinance or regulation relating to industrial hygiene or to environmental conditions on, under or about the Property (collectively, “Hazardous Substance Laws”), including but not limited to soil and groundwater conditions; and (b) neither the Seller nor any other person has used, generated, manufactured, stored or disposed of on, under or about the Property or transported to or from the Property any flammable explosives, radioactive materials, hazardous wastes, toxic substances or related materials (“Hazardous Substances”) in violation of any Hazardous Substance Law. For the purpose of this Agreement, Hazardous Substances include, without limitation, oil, natural gas or other petroleum or hydrocarbon substances; substances defined as “hazardous substances,” “hazardous materials,” “toxic substances,” “hazardous wastes,” “extremely hazardous wastes” or “restricted hazardous wastes” or stated to be known to cause cancer or reproductive toxicity under the Comprehensive Environmental Response, Compensation and Liability Act of 1980, as amended, 42 U.S.C.

Sections 9601, et seq.; the Hazardous Materials Transportation Act, as amended, 49 U.S.C.

Sections 1801, et seq.; the Resource Conservation and Recovery Act, as amended, 42 U.S.C.

Sections 6901 et seq.; the Federal Water Pollution Control Act, as amended, 33 U.S.C. Sections 1317, et seq.; the California Hazardous Substance Act, as amended, California Health and Safety Code Sections 28740, et seq.; the California Hazardous Waste Control Act, as amended, California Health and Safety Code Sections 25100, et seq.; the California Safe Drinking Water 5 and Toxic Enforcement Act, as amended, California Health and Safety Code Sections 24249.5, et seq.; the Porter-Cologne Water Quality Act, as amended, California Water Code Sections 1300, et seq.; or any substances so defined or stated in any of the regulations adopted and publications promulgated pursuant to said laws.

As used herein, “to the best of the Seller’s knowledge” shall mean to the actual knowledge, without the duty of independent inquiry or investigation.

ARTICLE IV
THE BUYER'SREPRESENTATIONS AND WARRANTIES;

DISCLAIMERS
The Buyer covenants, represents and warrants the following:

4.01 Authority to Acquire the Property. The Buyer represents and warrants that, upon ratification of this Agreement by the Buyer’s Governing Board, subject to the conditions precedent set forth in Article V hereof, the Buyer will have full authority to carry out the provisions of this Agreement and this Agreement constitutes the legal, valid and binding obligation of the Buyer enforceable against the Buyer by its terms.

4.02 Compliance with Subdivision laws. The Buyer represents and warrants to the Seller and the Escrow Holder that the Buyer, as a unified school district, is not required to comply with the California Subdivision Map Act, as amended, California Government Code Sections 66410, et seq., any subdivision or parcel map ordinance, or any related subdivision law in connection with the acquisition of the Property.

4.03 The Buyer’s Acceptance of the Property “As-Is”. Except for the Seller’s representations or warranties expressly set forth in this Agreement, the Seller is selling, and the Buyer is acquiring, the Property “as-is,” and in its current physical condition as of the Close of Escrow, without any representations or warranties, express or implied.

ARTICLE V

CONDITIONS PRECEDENT
The obligation of the Buyer and the Seller to complete this transaction pursuant to this Agreement is subject to the satisfaction, at or before the Close of Escrow, of the conditions contained herein. The Buyer and the Seller agree that each Party will, in good faith, endeavor to remove all said contingencies and conditions which are within the control of the respective Party.

The following are conditions precedent to the performance of this Agreement:

5.01 Condition of Status of Title; Preliminary Title Report Review and Approval. Seller shall convey title to the Property to Buyer free and clear of all title defects, mortgages and liens; but Buyer acknowledges that it will be subject to the restrictions of the continuing covenant which run with the land in perpetuity. All exceptions as described in the Preliminary Title Report attached hereto as Exhibit C are to be removed from the Title Policy (the “Excluded Exceptions”). Any delinquent taxes or taxes due on the Property shall be paid up to the date of vesting title in the Buyer 6 through the Escrow and pursuant to Section 3.03. If the Preliminary Title Report is amended during Escrow, the Buyer shall have ten (10) business days from receipt of the amended Preliminary Title Report to review or object to any additional printed exceptions to the Preliminary Title Report. If the Buyer does not object to the new printed exceptions, the Buyer shall be deemed to have accepted the new printed exceptions. Buyer reserves the right to waive any Excluded Exception which shall be specified in a written escrow instruction to the Escrow. Notwithstanding the foregoing, the Buyer is not required to give notice of disapproval of debts; liens, mortgages, or deeds of trust to secure debts; delinquent taxes; or other financing or monetary encumbrances upon the Property, it being expressly understood and agreed that such items are not Permitted Exceptions and must be removed from the Title Policy before the Close of Escrow. If the Buyer objects to any new printed exception and the Seller, despite reasonable efforts, is unable to have the exception removed by the Close of Escrow, the Buyer may terminate this Agreement, in which case any deposits made by Buyer, if any, shall be returned to the Buyer and neither Party shall have any further obligations hereunder.

Prior to Close of Escrow, Title Company shall issue a pro forma title policy to the Buyer for written approval before Close of Escrow.

5.02 Inspection of Documents and Reports. Within ten (10) business days of the Effective Date, Seller shall deliver, or cause to be delivered, the following Documents to Buyer for Buyer’s review and approval:

A. Copies of all leases and rental agreements affecting the Property along with any amendments thereto.

B. Copies of all contracts affecting the Property including, but not limited to, service contracts, maintenance contracts and management contracts.

C. Copies of the building plans, boundary and/or ALTA surveys for the Property in the possession of Seller.

D. Copies of all environmental surveys (Phase I and Phase II, if available) for the Property in the possession of Seller, if any.

E. Copies of all soils reports for the Property in the possession of Seller, if any.

F. A copy of any CC&R’s, reciprocal easement agreements or any other documents that pertain to the Property.

G. Copies of insurance policy (ies) relating to the Property.

H. Copies of all building drawings and/or specifications in the possession of the Seller.

I. Copies of all appropriate and necessary General Building Contractor Guarantees and Warranties, which shall be transferred to Buyer.

J. Records of any repairs or remodeling to the building since completion of the construction of the improvements on the Property.

K. Copies of any available appraisals of the Property.

5.03 Zoning. The Buyer’s intended use shall be compatible with the zoning requirements of the City of Dinuba (“City”) and any use or zoning permits shall be approved by the City for the Buyer’s intended use.
7 5.04 Condition of Issuance of Policy of Title Insurance. At the Close of Escrow, the Title Company shall be prepared to issue the Title Policy in the name of the Buyer for marketable title, free of restrictions, liens, and encumbrances except as to the Permitted Exceptions, or otherwise approved in writing by the Buyer.

5.05 Mutual Assistance and Cooperation. The parties agree to mutually assist and cooperate with one another in the preparation of the Agreement and exchange of documents necessary to the close of escrow and transfer of title in the name of the Buyer.

5.06 Ratification and Approval of Agreement. This Agreement, any further escrow instructions, and any ancillary documents shall be ratified and approved by the parties.

ARTICLE VI

ESCROW CLOSING COSTS, FEES AND CHARGES
The Seller shall pay the costs of a standard CLTA title policy and Buyer shall pay any incremental cost for an ALTA title policy and endorsements if requested by Buyer. Buyer and Seller shall each pay one-half of all other the escrow fees and costs charged by the Escrow Holder pursuant to this Agreement. It should be noted that the Buyer, as a public agency (a unified school district), is exempt from certain charges such as recording fees and documentary transfer taxes pursuant to California Government Code Sections 6103 and 27383.

ARTICLE VII

PAYMENT OF REMAINING PURCHASE PRICE
Prior to the Close of Escrow, Buyer shall deposit the Remaining Purchase Price, plus any additional sums as calculated by the Title Company and approved by the Buyer for Buyer’s share of the costs and fees as provided in Article VI herein.

Article VIII

TITLE INSURANCE
Upon the Close of Escrow, the Escrow Holder shall cause the Title Company to issue a policy of title insurance pursuant to Section 5.01 above and Article VI hereof for the Property to the Buyer subject only to the Permitted Exceptions.

ARTICLE IX

ESCROW PROVISIONS
In addition to the provisions relating to the Escrow Holder stated in other sections of this Agreement, the Escrow Holder shall abide by the following provisions and instructions for vesting of title in the Buyer:
8 9.01 Escrow. The transfer of documents and funds contemplated herein for the purchase and sale of the Property shall be effected through the Escrow.

9.02 Conditions to the Close of Escrow. The following shall constitute conditions precedent to the Close of Escrow which may be waived only by written waiver executed by the Seller or the Buyer as applicable:

A. The Buyer shall have deposited with the Escrow Holder the amount of the Remaining Purchase Price as provided in Article VII above, and the Buyer’s share of Escrow costs and fees as described herein, and all of the items required for vesting title pursuant to this Agreement;
B. The Buyer shall not be in breach or default of any provision herein; C. The Buyer’s warranties and representations as set forth herein are true as of the Close of Escrow;
D. The Seller shall have deposited with the Escrow Holder all of the items required under this Agreement for vesting title;
E. The Seller shall not be in breach or default of any provision herein; F. The Seller’s warranties and representations as set forth herein are true as of the Close of Escrow; and
G. The Title Company shall be committed to issue and shall issue, as of the Close of Escrow, the Title Policy without the exceptions noted or objected to by the Buyer as set forth in this Agreement.

9.03 The Seller’s Deliveries to the Escrow Holder. On or before the Close of Escrow, the Seller shall deliver, or cause to be delivered, to the Escrow Holder, the following:

A. The Deed in a form approved by the Title Company and the Buyer; B. Such other documents as, in the opinion of the Escrow Holder, are necessary from the Seller to carry out the provisions of this Agreement.

9.04 The Buyer’s Deliveries to the Escrow Holder. On or before the Close of Escrow, the Buyer shall deliver, or cause to be delivered, to the Escrow Holder, the following:

A. A warrant, check or wire transfer in the amount of the Remaining Purchase Price, as described in Article VII above, and the Buyer’s share of escrow fees and costs in accordance with Article VI above. Unless otherwise instructed by the Escrow Holder, the warrant shall be drawn to the order of Chicago Title Company; 9 B. A certificate of acceptance, pursuant to California Government Code Section 27281, in substantially the form attached hereto as Exhibit D and incorporated herein by reference; and
C. Such other documents as, in the opinion of the Escrow Holder, are necessary from the Buyer to carry out the provisions of this Agreement.

9.05 Close of Escrow. The Close of Escrow shall be conducted within the time frame as described in Section 1.01 above, subject to satisfaction of conditions precedent to the Close of Escrow set forth in this Agreement.

9.06 Defaults and Remedies.

A. The Seller’s Default. The Seller will be in default under this Agreement if (a) the Seller fails to perform any of the Seller’s covenants, obligations or agreements under this Agreement; or (b) if any of the Seller’s representations and warranties contained in this Agreement are, or become, untrue or inaccurate in any material respect, provided that the Seller will have ten (10) business days to cure such a default (or such longer period as is required in the exercise of due diligence, not to exceed twenty (20) business days, if the Seller commences such cure within the initial ten (10) business-day period) after the Seller receives written notice of such default from the Buyer (the “Seller’s Default”).

In the event of a Seller’s Default, the Buyer may, as the Buyer’s sole and exclusive remedies for such Seller’s Default: (i) waive the effect of such matter and proceed to consummate the Close of Escrow (provided that in no event will the Buyer have the right to waive any of the Seller’s conditions precedent hereunder); (ii) cancel this Agreement and escrow, with the Seller to pay any escrow cancellation charges; or (iii) bring an appropriate lawsuit for specific performance of this Agreement.

B. The Buyer’s Default. The Buyer will be in default under this Agreement if (a) the Buyer fails to perform any of the Buyer’s covenants, obligations or agreements under this Agreement, or (b) if any of the Buyer’s representations and warranties contained in this Agreement are, or become, untrue or inaccurate in any material respect, provided that the Buyer will have ten (10) business days to cure such a default (or such longer period as is required in the exercise of due diligence, not to exceed twenty (20) business days, if the Buyer commences such cure within the initial ten (10) business-day period) after the Buyer receives written notice of such default from the Seller (“Buyer’s Default”).

In the event of a Buyer’s Default, the Seller may, as the Seller’s sole and exclusive remedies for such Buyer’s Default: (i) waive the effect of such matter and proceed to consummate the Close of Escrow (provided that in no event will the Seller have the right to waive any of the Buyer’s conditions precedent hereunder); (ii) cancel this Agreement and escrow, with the Buyer to pay any escrow cancellation charges; or (iii) bring an appropriate lawsuit for specific performance of this Agreement.
10 9.07 The Escrow Holder's Duties at the Close of Escrow. At the Close of Escrow, the Escrow Holder shall:

A. Ascertain any unpaid or delinquent taxes or assessments due for general and special taxes and for special assessments. Upon ascertainment of any such amount, require the Seller to deposit or deduct such amounts from the amount due for the Property the equivalent for such delinquent taxes or assessments. As the Buyer is a public agency, the Escrow Holder shall comply with the provisions of California Revenue and Taxation Code Sections 5081, et. seq. regarding cancellation of taxes on exempt property. In no event shall taxes be collected, or collectible, from the Buyer.

B. To the extent there is any special assessment on all or any portion of the Property, the Escrow Holder shall notify the Seller and the Buyer of the prorated share due with regard to any such assessments before the time of the Close of Escrow.

C. Prepare any preliminary or change of ownership statements as required by law with respect to the Close of Escrow.

D. Deliver the Title Policy as required and requested by the Buyer as described in this Agreement at the Close of Escrow.

E. At the Close of Escrow, deliver the Remaining Purchase Price to the Seller, as described in Article VII above, less Seller’s share of Escrow costs, commissions, and any adjustments, if applicable, as described herein and less amounts, as necessary, to remove liens and encumbrances, as described in Section 5.01 above.

F. Perform such other duties as, in the opinion of the Escrow Holder, are necessary to carry out the terms and provisions of this Agreement.

G. The Escrow Holder shall provide the Parties, at least ten (10) business days before the Close of Escrow, pro forma closing statements in addition to providing a pro forma policy of title insurance to the District. The Escrow Holder shall also notify the District ten (10) business days in advance of the Close of Escrow of the amount due from the District.

9.08 Distribution of Escrow Documents. The Escrow Holder shall deliver and distribute the following documents:

A. To the Seller, a proposed and final Seller’s closing statement; B. To the Buyer, a proposed and final Buyer’s closing statement and pro forma policy of title insurance;
C. To the Seller, a copy of the recorded Deed, which shall be mailed to the Seller as set forth in Article XI hereof;
11 D. To the Buyer, after recordation, the originals of the Deed and the Title Policy mailed to the address as shown below;
E. To the Buyer and the Seller, copies of such other documents, if any, not referenced herein and which are recorded at the Close of Escrow.

9.09 Brokers. Neither Party has been represented in this transaction by a real estate broker. Each Party shall defend, indemnify, and hold harmless the other Party against all liabilities, damages, losses, costs, expenses, attorneys' fees and claims arising from any claims that may be made against such indemnified Party by any real estate broker, agent, finder, or other person alleging to have acted on behalf of or to have dealt with such indemnifying Party with respect to this transaction.

ARTICLE X

WAIVER OF PROVISIONS
Waiver by the Seller, or the Buyer, of any breach of any term, covenant or condition by the Buyer or the Seller, as the case may be, contained in this Agreement shall not be deemed to be a waiver of any subsequent breach of the same or of any other term, covenant or condition contained in this Agreement by the Buyer or the Seller as the case may be. Waiver of any provision of this Agreement shall be in writing.

ARTICLE XI

NOTICES
Any notice, demand, approval, consent, or other communication between the Parties shall be in writing and shall be deemed duly given on the date of service if served personally or by courier or overnight service, or by facsimile (provided that the sender of a facsimile has received a confirmation of successful transmission by the sending machine, or acknowledgment of receipt from the receiving Party), and upon the second business day after mailing, if mailed by firstclass, registered or certified mail, properly addressed as follows:

To the Seller: City of Dinuba
Attention: Luis Patlan, City Manager
405 East El Monte Way
Dinuba, California 93618
To the Buyer: Dinuba Unified School District
Attention: Rachel Nunez, Chief Business Official
1327 East El Monte Way
Dinuba, California 93618
With copies to: Ruth E. Mendyk, Esq.

Lozano Smith, LLP
7404 N. Spalding Avenue
Fresno, California 93720-3370
12 To the Escrow Holder: Chicago Title Company
Attention: Sue Meyer
Escrow No. 45001026-SM
7330 N. Palm Ave. Ste. 101
Fresno, California 93711
Any Party may change its address for purposes of this Article XI by giving the other Party written notice of the new address in the manner set forth above.

ARTICLE XII
[RESERVED]

ARTICLE XIII

BINDING EFFECT
This Agreement is binding upon the heirs, successors, and assigns of the Parties.

ARTICLE XIV

MISCELLANEOUS PROVISIONS

14.01 Further Documents. The Parties hereto agree to make, execute and deliver such documents and undertake such other and further acts as may be reasonably necessary or convenient to carry out the intent of the Parties to this Agreement.

14.02 Entire Agreement. This Agreement, plus such ancillary agreements as the Parties may execute in addition to this Agreement, and any and all related documents to consummate this Agreement, set forth the entire agreement between the Seller and the Buyer and supersede all prior negotiations and agreements, written or oral, concerning or relating to the subject matter hereof.

14.03 Invalidity of Any Provision. If any provision of this Agreement as applied to either Party or to any circumstance shall be adjudged by a court of competent jurisdiction to be void or unenforceable for any reason, the same shall in no way affect (to the maximum extent permissible by law) any other provision of this Agreement, the application of any such provision under circumstances different from those adjudicated by the court, or the validity or enforceability of this Agreement as a whole.

14.04 Amendments in Writing. No addition to or modification of any provision contained in this Agreement shall be effective unless fully set forth in writing and signed by both Parties hereto.

14.05 Time is of the Essence. Consistent with the conditions as described in Article V hereof, and the payments pursuant to Article VII hereof, time is of the essence in this Agreement and each and every provision hereof. Although time is of the essence in this Agreement, this 13 provision shall not cause an automatic forfeiture and shall be construed in accordance with traditional principles of equity.

14.06 Governing Law and Venue. This Agreement and all documents provided for herein and the rights and obligations of the Parties hereto shall be governed in all respects, including validity, interpretation, and effect, by the laws of the State of California. Venue for purposes of the filing of any action regarding the enforcement or interpretation of this Agreement and any rights and duties hereunder shall be Tulare County, California.

14.07 Headings. Headings at the beginning of each section and subsection hereof are solely for the convenience of the Parties and are not to be construed as enlarging or limiting the language following said headings.

14.08 Construction. Whenever the context of this Agreement requires, the singular shall include the plural, and the masculine, feminine and neuter shall include the others. This Agreement shall not be construed as if it had been prepared by one of the Parties, but rather as if both Parties had prepared this Agreement. This Agreement consists of not only this Agreement, but also any and all related documents necessary to consummate the purchase of the Property.

14.09 Survival of Warranties and Covenants. All of the covenants, representations and warranties set forth herein, which are intended to bind the Parties after the vesting of title in the Buyer, shall survive the Close of Escrow and delivery of the Deed.

14.10 Execution in Counterparts. The execution of any document, including this Agreement, may be made in counterpart such that each document, when all signatures are appended together, shall constitute a fully executed original or copy thereof. Copies of signatures shall have the same force and effect as original signatures.

14.11 Amendment by Pen-and-Ink Changes and Interlineation. The Parties may, by pen-and-ink changes, including interlineation, and insertion of additional language in writing, amend the printed text of this Agreement. Alongside each amendment, each Party shall initial the interlineation or change from the printed text. Initialization by the Buyer may be accomplished by any member of the Buyer’s Governing Board, the Buyer’s Superintendent, or the Buyer’s Chief Business Official.

14.12 Days. Any and all references in this Agreement to time periods which are specified by reference to a certain number of days refer to calendar days, unless “business days” is otherwise expressly provided. Therefore, if any date by which a Party is required to provide the other Party with notice hereunder or is required to perform any act hereunder, occurs on a Saturday or Sunday or a banking holiday in the jurisdiction where the Property is located, then and in any of such events, such applicable date shall be deemed to occur, for all purposes of this Agreement, on that calendar day which is the next succeeding day that is not a Saturday, Sunday or banking holiday in the State of California.
[EXECUTION ON FOLLOWING PAGE]
14 EXECUTION
WHEREFORE, the Parties hereto, by their signatures hereinbelow, enter into this Agreement effective on the date hereinabove inscribed.

SELLER:

CITY OF DINUBA, a California
municipal corporation
By:

LUIS PATLAN
City Manager
BUYER:

DINUBA UNIFIED SCHOOL DISTRICT, a
California unified school district
By:

JOSE A. HERNANDEZ, Ed.D.

Superintendent
J:\wdocs\00427\602\AGT\00990056.DOCX
15 EXHIBIT A
Legal Description of the Property
Lots 1 through 6, inclusive, and 30, 31 and 32 in Block 37 of the City of Dinuba, In the City of Dinuba, County of Tulare, State of California, according to the map thereof recorded in Book 3,

Page 15 ends

APNs 017-124-001, 017-124-002, 017-124-003 and 017-124-014 16 EXHIBIT B
Diagram of the Property
17 EXHIBIT C

PRELIMINARY TITLE REPORT (ATTACHED)
18 EXHIBIT D

CERTIFICATE OF ACCEPTANCE OF GRANT DEED (SALE)
This is to certify that the interest in real property conveyed by grant deed dated , 2022 from the City of Dinuba, a California municipal corporation, to Dinuba Unified School District, a California unified school district, is hereby accepted by Jose A.

Herndandez, Ed.D., Superintendent, on behalf of Dinuba Unified School District pursuant to the authority conferred upon him by the Board of Trustees of Dinuba Unified School District, and Dinuba Unified School District, as grantee, consents to recordation of said grant deed by its duly authorized officer, Jose A. Herndandez, Ed.D., Superintendent.

DATED: , 2022

DINUBA UNIFIED SCHOOL DISTRICT,
a California unified school district
By:

Jose A. Herndandez, Ed.D., Superintendent
City Council Staff Report
Department: CITY MANAGER'S OFFICE October 11, 2022
To: Mayor and City Council
From: Daniel James, Assistant City Manager
Subject: Resolution No. 2022-58 Declaring Certain Real Property Surplus Land Act Properties (DJ)

EXECUTIVE SUMMARY
This matter concerns the 20.59-acre vacant real property (i.e., APNs 017-280-002 & -020) which is located East of Walmart between El Monte Way and Surabian Dr. The City Council’s adoption of the resolution will declare that the Property is surplus land under the Surplus land Act California Government Code § 54221 and authorize distribution of written notifications to certain public entities and housing sponsors designated by the California Department of Housing and Community Development.

OUTSTANDING ISSUES
None.

DISCUSSION
The subject Property was previously acquired by the former Redevelopment Agency of the City of Dinuba for the purpose of economic development and subsequently transferred to the City by the Successor Agency to the Redevelopment Agency of the City of Dinuba (the “Successor Agency”) per the Successor Agency’s Long-Range Property Management Plan (the “LRPMP”). The LRPMP was approved by the California Department of Finance (the “DOF”), wherein the DOF informed the Successor Agency that the LRPMP provides direction as it relates to the disposition of real property included within the LRPMP.

Pursuant to the California Surplus Property Land Act (i.e., Government Code [the “GC”] §§ 54220-54233 [the “Act”], as recently amended by AB 1486) and the guidelines set forth by the California Department of Housing and Community Development (the “HCD”), in order for the Property to be disposed of, for any purpose, such land must first undergo a 60-day noticing process set forth in the Act and expounded upon by the Guidelines. That process requires that a notice be given calling for written expressions of interest after the public entity owner has designated such land as surplus (only so far as surplus land is defined within the Act) by the taking of a formal action at a public meeting of such public agency.

Per to the Surplus Land Act, such land shall be declared either surplus land or exempt surplus land before the City may take action to dispose of it consistent with the City’s policies or procedures, even if such land is designated for use consistent with one of the City’s traditional core purposes, e.g., economic development. Staff has evaluated the Property for its potential to be used for alternate City work or operations and has determined that the Property is not needed for such City uses at this time (only so far as surplus land is defined within the Act). Implementing the noticing process will not diminish or negate the City’s land-use policies, the LRPMP or the City Council’s ultimate authority related to the disposition of real property.

GC § 54222, requires the City, if it declares land it owns to be surplus and not necessary for the City’s use, to provide written notice thereof to certain local agencies and housing sponsors (the “Designated Parties”). The form of such notification, which is based on an HCD-mandated format, is included as 'Attachment B' to the attached Resolution (the “Notification Process”). The Notification Process is not a request for proposals, does not bind the City to any disposition of the Property and the Property is subject to the applicable zoning. The notification process provides the designated parties a 60-day opportunity to provide a written expression of interest to negotiate for the sale or lease of the Property consistent with parameters for such negotiations provided by the Act. In addition to the foregoing, under the Act and the Guidelines, HCD has certain monitoring responsibilities concerning negotiations with Designated Parties, if any, for the purpose of confirming that such negotiations were conducted within the parameters described in the Act.

Furthermore, implementing the Surplus Land Act Notification Process will not diminish the City’s land-use policies and regulations or negate the LRPMP. Because the required disposition procedures related to the LRPMP take precedence, staff recommends Council Approve Resolution No. 2022-58 and declare the Property to be surplus and not necessary for the City’s use (only so far as surplus land is defined within the Act) and authorize the initiation of the Notification Process, thus enabling the completion of a procedural step affecting the Property. Approval of the attached Resolution will confirm the City Council’s declaration that the Property is surplus and not necessary for the City’s use at this time (only so far as surplus land is defined within the Act) and authorize the initiation of the Notification Process as prescribed by the Act.

FISCAL IMPACT
It is important to note that failure to follow the Notification Process, may subject the City to financial and other penalties and measures and may frustrate the ability of the City to further its achievement of economic development. Further, failure to dispose of the Property consistent with the LRPMP and the applicable provisions of the HSC and to thereafter distribute net land sale proceeds to the affected taxing entities, may also subject the City to litigation by one or more of the affected taxing entities and may frustrate the ability of the City to further its achievement of economic development.

Per the HSC and the LRPMP, upon the ultimate sale or lease of the Property, the net proceeds (net of the City’s costs of sale or lease) will be submitted to the Tulare County Auditor-Controller (the “CAC”). Once received, the CAC will in turn distribute the funds to the effected taxing entities in proportion to the taxing entities’ proportionate share of the General Tax Levy (the ”GTL”). Effected taxing entities are those that receive a share of the GTL attributable to the Tax Rate Area (the “TRA”) in which the Property is located, which includes the City of Dinuba. As an exemplar only, Dinuba’s city-wide proportion of the GTL is approximately 18.9%.

PUBLIC HEARING
None Required.

ATTACHMENTS:

Description
A. Resolution 2022-58 Notice of Availability of Surplus Land B. Property Map
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RESOLUTION NO. 2022-58

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DINUBA, CALIFORNIA DECLARING PURSUANT TO CALIFORNIA GOVERNMENT CODE § 54221 THAT REAL PROPERTY (APNS 017-280-002 & -020) LOCATED ALONG THE NORTH SIDE OF SURABIAN DRIVE, APPROXIMATELY 1,500 FEET EAST OF MONTE VISTA DRIVE, DINUBA,

CALIFORNIA IS DESIGNATED AS SURPLUS LAND AND NOT NECESSARY FOR THE CITY’S USE AT THIS TIME (ONLY SO FAR AS SURPLUS LAND IS DEFINED WITHIN THE

CALIFORNIA SURPLUS PROPERTY LAND ACT), FINDING THAT SUCH DECLARATION IS

EXEMPT FROM ENVIRONMENTAL REVIEW UNDER THE CALIFORNIA ENVIRONMENTAL QUALITY ACT, AND APPROVING CERTAIN RELATED ACTIONS.

WHEREAS, this Resolution concerns that certain vacant real property (APNs 017-280- 002 & -020) consisting of approximately 20.59 acres located along the north side of Surabian Drive approximately 1,500 feet east of Monte Vista Drive, Dinuba, California described within Exhibit “A” to this Resolution, attached hereto and made a part of hereof (the “Property”); and WHEREAS, the parcels constituting the Property are zoned as follows: i) APN 017-280- 020 is zoned C-4 (General Commercial District); and ii) APN 017-280-002 is zoned M-1 (Light Industrial District) (collectively, the “Applicable Zoning”); and WHEREAS, pursuant to the California Surplus Property Land Act, Government Code (the “GC”) §§ 54220-54233 (the “Act”), as recently amended by AB 1486, and Guidelines promulgated thereunder by the California Department of Housing and Community Development (the “HCD”) dated as of April 2021 (the “Guidelines”), in order for the Property to be disposed of, for any purpose, such land must first undergo the noticing process set forth in the Act and expounded upon by the Guidelines; and
WHEREAS, that process requires that a notice be given calling for written expressions of interest after the public entity owner has designated such land as surplus (only so far as surplus land is defined within the Act) by the taking of a formal action at a public meeting of such public agency; and
WHEREAS, pursuant to the Act, land is necessary for the City’s use if the land is being used, or is planned to be used pursuant to a written plan adopted by the City for City work or operations, but ignores other traditional core purposes, e.g., economic development; and WHEREAS, the Act, as expounded upon by the Guidelines, provides that such land shall be declared either surplus land or exempt surplus land (only so far as surplus land is defined within the Act) before the City may take action to dispose of it consistent with the City’s policies or procedures, even if such land is designated for use consistent with one of the City’s traditional core purposes, e.g., economic development; and
WHEREAS, the Property was previously acquired by the former Redevelopment Agency of the City of Dinuba for the purpose of economic development and subsequently transferred to the City by the Successor Agency to the Redevelopment Agency of the City of Dinuba (the “Successor Agency”) pursuant to the Successor Agency’s Long-Range Property Management Plan (the “LRPMP”), which was approved by the California Department of Finance (the “DOF”), wherein the DOF informed the Successor Agency that the LRPMP supersedes the California Health and Safety Code (the “HSC”) as it relates to the disposition of real property included within the LRPMP; and
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WHEREAS, within the LRPMP, the Property is designated for future development under the auspices of the City, wherein the Property was designated for transfer to the City (which has been authorized by Successor Agency Resolution No. 2022-48 and City Council Resolution No. 2022-49) and thereafter the City has assumed responsibility for the sale or lease of the Property, subject to certain required disposition procedures and distribution of land sales proceeds to affected taxing entities, as more particularly described within the applicable provisions of the HSC and the LRPMP; and
WHEREAS, in accepting the Property, the City also assumed the responsibilities and obligations of the Successor Agency with respect to the disposition of the Property for economic development purposes consistent with the LRPMP; and
WHEREAS, the City considers economic development as a necessary and essential part of the City’s traditional core uses and purposes and notwithstanding the Act and the Guidelines, its goals to achieve economic development have not changed; nevertheless, the Act together with the Guidelines requires the conduct of a noticing process; and WHEREAS, the Act does not exempt economic development designated land held by the City from the Act’s very narrow definition of surplus land, which results in requiring the designation of real property held by the City for the purpose of economic development as surplus land for the limited purposes of the Act only; and
WHEREAS, based on the foregoing, it appears that the Act, the LRPMP and the applicable provisions of the HSC related thereto are in conflict; and WHEREAS, failure to follow the procedure described in the Act with respect to the noticing process and related actions, may subject the City to financial and other penalties and measures and may frustrate the ability of the City to further its achievement of economic development; and WHEREAS, failure to dispose of the Property consistent with the LRPMP and the applicable provisions of the HSC and to thereafter distribute net land sale proceeds to the affected taxing entities, may also subject the City to litigation by one or more of the affected taxing entities and may frustrate the ability of the City to further its achievement of economic development; and WHEREAS, GC § 54222, requires the City, if it declares land it owns to be surplus and not necessary for the City’s use (only so far as surplus land is defined within the Act), to provide written notice thereof to certain local agencies and housing sponsors (the “Designated Parties”); the form of such notification, which is based on an HCD-mandated form, is included as Exhibit “B” to this Resolution (the “Notification Process”); and WHEREAS, the Notification Process is not a request for proposals, does not bind the City to any disposition of the Property and the Property is subject to the Applicable Zoning; and WHEREAS, the Notification Process provides the Designated Parties a 60-day opportunity to provide a written expression of interest to negotiate for the sale or lease of the Property consistent with parameters for such negotiations provided by the Act; and WHEREAS, the Act does not impose any mandates or timeframes with respect to the disposition of real property; and
WHEREAS, in addition to the foregoing, under the Act and the Guidelines, the California Department of Housing and Community Development (the “HCD”) has certain monitoring -3-
responsibilities concerning negotiations with Designated Parties, if any, for the purpose of confirming that such negotiations were conducted within the parameters described in the Act; and WHEREAS, staff has evaluated the Property for its potential to be used for alternate City work or operations and has determined that the Property is not needed for such City uses at this time (only so far as surplus land is defined within the Act); and WHEREAS, because the required disposition procedures related to the LRPMP are subject to being protracted, staff recommends that the City Council declare the Property to be surplus and not necessary for the City’s use (only so far as surplus land is defined within the Act) and authorize the initiation of the Notification Process, thus enabling the completion a procedural step affecting the Property; and
WHEREAS, approval of this Resolution will confirm the City Council’s declaration that the Property is surplus and not necessary for the City’s use at this time (only so far as surplus land is defined within the Act) and authorize the initiation of the Notification Process as prescribed by the Act; and
WHEREAS, pursuant to § 15060 (c) (3) of the California Environmental Quality Act (the “CEQA”) Guidelines (i.e., California Code of Regulations, Title 14, Division 6, Chapter 3, §§ 15000-15387), approval of this Resolution is exempt from CEQA because the actions described herein will not result in a direct or reasonably foreseeable indirect physical change in the environment and the actions described herein are not a “Project”, as defined within § 15378 of the CEQA Guidelines; and
WHEREAS, all of the prerequisites with respect to the approval of this Resolution have been met.

THEREFORE, BE IT RESOLVED, by the Mayor and City Council of the City of Dinuba, California, as follows:

1. The above recitals are true and correct and are a substantive part of this Resolution.

2. The City Council hereby declares that the Property is surplus land and not necessary for the City’s use at this time (only so far as surplus land is defined within the Act).

3. Consistent with the requirements of GC § 54222, the City Manager, or designee, is hereby directed to initiate the Notification Process by providing written notice of the City Council’s declaration to the Designated Parties, the form of such notification is included as Exhibit “B” to this Resolution.

4. This Resolution has been reviewed with respect to the applicability of the California Environmental Quality Act (Public Resources Code § 21000 et seq.) (the “CEQA”). Staff has determined that the designation of The Property as surplus (only so far as surplus land is defined within the Act) does not have the potential for creating a significant effect on the environment and is therefore exempt from further review under CEQA pursuant to State CEQA Guidelines § 15060(c)(3) because it is not a project as defined by the CEQA Guidelines § 15378. Adoption of the Resolution does not have the potential for resulting in either a direct physical change in the environment or a reasonably foreseeable indirect physical change in the environment. If and when the property is sold to a purchaser and that purchaser proposes a use for the Property that requires a discretionary permit and CEQA review, that future use and project will be analyzed at the appropriate time in accordance with CEQA.
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5. The City Clerk is directed to file a Notice of Exemption pursuant to CEQA Guidelines § 15062.

6. The officers and staff of the City are hereby authorized, jointly and severally, to do all things which they may deem necessary or proper to effectuate the purposes of this Resolution, and any such actions previously taken are hereby ratified and confirmed. Such actions include negotiating in good faith in accordance with the requirements of the Act with any of the Designated Parties that submit a written notice of interest to purchase or lease the Property in compliance with the Act.

7. This Resolution shall take effect upon the date of its adoption.

PASSED, ADOPTED AND APPROVED this __ day of October, 2022 by the following vote:

AYES: COUNCIL MEMBERS:

NOES: COUNCIL MEMBERS:

ABSTAIN: COUNCIL MEMBERS:

ABSENT: COUNCIL MEMBERS:

Linda Launer,
Mayor of the City of Dinuba
ATTEST:

Linda Barkley, City Clerk
I, Linda Barkley, City Clerk of the City of Dinuba, certify the foregoing is the full and true Resolution No. 2022-__ passed and adopted by the Mayor and City Council of the City of Dinuba at a regular meeting held on October __, 2022, by the above noted vote. -5-
EXHIBIT “A”

DESCRIPTION OF PROPERTY

ALL THAT CERTAIN REAL PROPERTY SITUATED IN THE COUNTY OF TULARE, STATE OF CALIFORNIA, DESCRIBED AS FOLLOWS:

PARCEL A
PARCEL 1, OF PARCEL MAP 4592, IN THE CITY OF DINUBA, COUNTY OF TULARE, STATE OF CALIFORNIA, AS PER PLAT RECORDED IN BOOK 46 OF PARCEL MAPS, AT PAGE 97, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY.
(APN 017-280-002)

PARCEL B
PARCEL 4, OF PARCEL MAP 4922, IN THE CITY OF DINUBA, COUNTY OF TULARE, STATE OF CALIFORNIA, AS PER PLAT RECORDED IN BOOK 50 OF PARCEL MAPS, AT PAGE 27, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY.
(APN 017-280-020)
)
EXHIBIT “B”

FORM OF NOTICE OF AVAILABILITY

NOTICE OF AVAILABILITY OF SURPLUS LAND
(Via Email)
Date: October 26, 2022
TO: Interested Local Agencies and Housing Sponsors
RE: Notice of Availability of Surplus Land in the City of Dinuba Pursuant to California Government Code § 54220, et seq.

Pursuant to the provisions of California Government Code § 54220, et seq., the City of Dinuba (“City”) hereby notifies interested local agencies and housing sponsors (“Designated Parties”) of the availability for lease or purchase of the following surplus City-owned land (“Property”):

Property Addresses: None: Approximately 20.59 acres located along the north side of Surabian Drive, approximately 1,500
feet east of Monte Vista Drive
Assessor’s Parcel Nos.: 017-280-002
017-280-020
Zoning: Light Industrial (M-1) and General Commercial (C4) General Plan Designation: Light Industrial and Commercial General Current Use: Two (2) Vacant Lots
Copies of an aerial image and assessor map are attached. The Property is undeveloped (formerly agricultural) raw land that will require subdivision and the installation of certain types of backbone and in tract infrastructure improvements as a prerequisite to the development of the land and all such costs and any other costs related to the development of the Property are the responsibility of the land developer. In addition, the Designated Parties are also notified that, as a previous asset of the Successor Agency to the Redevelopment Agency of the City of Dinuba, the sale or lease of the Property is subject to certain required disposition procedures and requirements, as more particularly described within the Dinuba Successor Agency’s Long-Range Property Management Plan (“LRPMP”), which may elongate the Property’s pre-development phase. Refer to Site No. 14 on pages 50 to 53 of the LRPMP at this link:
https://www.dinuba.org/images/2017/Dinuba-LRPMP.pdf
A Designated Party desiring to purchase or lease the Property for any of the purposes authorized by Government Code § 54222, must file a written notice of interest with the City within 60 days from the date this Notice of Availability was sent via email, as indicated by the date set forth below. Designated Parties proposing to submit a notice of interest -7-
are advised to review the requirements set forth in the Surplus Land Act (Government Code §§ 54220-54234), the LRPMP and the Dinuba General Plan and Zoning Ordinance.

Please send written notices of interest via e-mail to:

City of Dinuba
Attn: Daniel James, Assistant City Manager
405 E. El Monte Way
Dinuba, California 93618
[email protected].

With copies to:

Steven H. Dukett, Development Consultant to the City
2305 Chicago Avenue
Riverside, California 92507
[email protected]
For further information, please contact Mr. Steven H. Dukett, Managing Director of Development Services, TKE Engineering, Inc. (development consultant to City), at (909) 967-8205 or [email protected].

The final day to submit a written statement of interest to either lease or purchase the Property is Monday, December 26, 2022 by 5:00 PM.

Attachments (Arial Image and Assessor Maps)

Page 1 of 1 ends

/28/2013 https://www.ndcdata.com/search/maps/06107_01728_0.png City Council Staff Report
Department: CITY CLERK October 11, 2022
To: Mayor and City Council
From: Maria Alaniz, City Clerk/Human Resources Director Subject: Approval of City Council Meeting Minutes (MA)

RECOMMENDATION
Council to review and approve City Council meeting minutes of September 27, 2022 as presented.

EXECUTIVE SUMMARY
None.

OUTSTANDING ISSUES
None.

DISCUSSION
None.

FISCAL IMPACT
None.

PUBLIC HEARING
None required.

ATTACHMENTS:

Description
City Council Meeting Minutes, September 27, 2022
September 27, 2022

MINUTES
COUNCIL MEMBERS PRESENT:

Reynosa, Thusu, Nerio-Guerrero, Longoria
COUNCIL MEMBERS ABSENT:

Launer
STAFF MEMBERS PRESENT:

Alaniz, Hernandez, James, Montejano, Patlan, Solis, Trevino, Webster, Yanez

1. OPENING CEREMONIES

1.1. Welcome and Call to Order
Vice Mayor Reynosa called the meeting to order at 6:29 p.m.

1.2. Invocation
The invocation was let by Chaplain Garcia.

1.3. Pledge of Allegiance
The pledge of allegiance was let by Director Hernandez.

None.

Nancy McKittrick invited the Council to participate in the 100th Anniversary Celebration of the Palm United Methodist Church which will include a ceremony and lunch on Sunday, October 9, 2022, at 10:00 a.m. McKittrick gave a brief history of the Palm United Methodist Church.

Viviana Garcia approached the podium regarding a dispute with her neighbor. Garcia claimed that her neighbor is violating the City's watering schedule and has damaged her property with their overwatering. Garcia advised that they have an ongoing civil lawsuit and on several occasions the Dinuba Police Department has been called.

Robert Cervantes invited the Council to a Neighborhood Watch meeting at Delgado Park on October 8, 2022. Cervantes requested that the City provide audio for the event.

4.1. SUBJECT
Resolution No. 2022-55 Approving a Budget Amendment and to Accept a Grant Award from Alta Healthcare District for the Purchase of a Medical Oxygen Generator System (JORW)
a

RECOMMENDATION
Council to adopt Resolution No. 2022-55 taking the following actions by one motion:

1. Accepting of a grant award from the Alta Healthcare District in the amount of $115,000 for the purchase of a new medical oxygen generator; and,

2. Approving Budget Amendment No. 2023-1 including the funds in the FY 2022-23 budget; and,

3. Authorize staff to order the new Medical Oxygen Generator System; and,

4. Authorize the Fire Chief or designee to sign any related documents.

4.2. SUBJECT
Approval of City Council Meeting Minutes (MA)
a

RECOMMENDATION
Council to review and approve City Council meeting minutes of September 13, 2022 as presented.

4.3. SUBJECT
Resolution No. 2022-56 Approving Financial Assistance to the Tulare County Regional Transit Agency (IH)
a

RECOMMENDATION
Council adopt Resolution No. 2022-56 approving a short-term loan to the Tulare County Regional Transit Agency (TRCTA) in the amount of $350,000, amending the FY 2022/23 annual budget to fund the TCRTA loan, and authorize the City Manager or his designee to execute a Cash Advance and Repayment Agreement with TCRTA.

4.4. SUBJECT
Proclamation No. 2022-04 Palm United Methodist Church 100th Anniversary (DJ)
a

RECOMMENDATION
Council to adopt Proclamation No. 2022-04 honoring the 100 year anniversary of Dinuba Palm United Methodist Church.

A motion was made by Council Member Thusu, second by Council Member Nerio-Guerrero, to review and approve as presented.

Ayes: Longoria, Nerio-Guerrero, Reynosa, Thusu

Absent: Launer

5. WARRANT REGISTER

5.1. SUBJECT
Warrant Register September 16 & 23, 2022 (KS)
a

RECOMMENDATION
Council to review and approve the Warrant Register as presented.

A motion was made by Council Member Longoria, second by Council Member Nerio-Guerrero, to review and approve the Warrant Register of September 16 & 23, 2022 as presented.

Ayes: Longoria, Nerio-Guerrero, Reynosa, Thusu

Absent: Launer

6. PUBLIC HEARING

6.1. SUBJECT
Ordinance No. 2022-10 Amendments to Floodplain Management Ordinance (DY)
a

RECOMMENDATION
Council to receive staff report, open and close a public hearing, and take the following action by one motion:

1. Introduce Ordinance No. 2022-10 by title “An Ordinance of the City Council of the City Of Dinuba Amending and Reorganizing Title 13 Section 76 through 96 of the Dinuba Municipal Code Pertaining to Floodplain Management Regulations”; Waive further reading of Ordinance 2022-10 and approve draft Ordinance 2022-10 either as drafted, or subject to any revisions agreed to by City Council; and

2. Schedule second reading and adoption of Ordinance No. 2022-10 for October 11, 2022, inclusive of any revisions adopted by City Council.

City Attorney Yanez presented Ordinance No. 2022-10, an amendment to the Floodplain Management Ordinance. The amendment is a result of the City's work with the Department of Water Resources. Yanez stated changes are based on the Department of Water Resources identified actions for compliance with FEMA standards and continued participation in the National Flood Insurance Program.

Yanez reported that the update consists of ordinance definitions, amendments to current building codes, requirements for manufactured homes and detached garages, and clarified and expanded inspection procedures.

Council Member Thusu questioned the SOP and its compliance. Yanez advised that the changes that were made are minor and that SOP was not required or recommended.

Vice Mayor Reynosa opened the public hearing.

No public comments were made and Reynosa closed the public hearing.

A motion was made by Council Member Longoria, second by Council Member Nerio-Guerrero, to introduce Ordinance No. 2022-10 by title “An Ordinance of the City Council of the City Of Dinuba Amending and Reorganizing Title 13 Section 76 through 96 of the Dinuba Municipal Code Pertaining to Floodplain Management Regulations”; Waive further reading of Ordinance 2022-10 and approve draft Ordinance 2022-10 either as drafted, or subject to any revisions agreed to by City Council; and to schedule second reading and adoption of Ordinance No. 2022-10 for October 11, 2022, inclusive of any revisions adopted by City Council.

Ayes: Nerio-Guerrero, Reynosa, Thusu

Absent: Launer

7. DEPARTMENT REPORTS

7.1. SUBJECT
Resolution No. 2022-50 Authorizing the Investment of Reserve Funds in the Tulare County Treasury Pool (KS)
a

RECOMMENDATION
Council authorize the investment of excess funds into the Tulare County Treasury Pool.

Administrative Director Solis reported on Resolution No. 2022-50 authorizing the investment of City funds into the Tulare County Treasury Pool. Solis provided details regarding the investment returns and stated that the City's goal is to seek the highest rate of return available within the guidelines of the City of Dinuba's Investment Policy. Solis recommended that the Council approves an investment into the Tulare County Treasury Pool.

Council Member Thusu asked the reason behind the designated investment amount. Director Sols advised that in addition to this recommendation other investment changes have been made.

Vice Mayor Reynosa asked if other cities have invested in this pool. Director Solis reported that she has contacted various cities and has received positive feedback.

Council approved with the condition of adding to the resolution that the City's investment should not exceed $10 million.

A motion was made by Council Member Thusu, second by Council Member Longoria, to authorize the investment of excess funds into the Tulare County Treasury Pool.

Ayes: Longoria, Nerio-Guerrero, Reynosa, Thusu

Absent: Launer

8. MAYOR/COUNCIL REPORTS
Council Member Longoria reported having a good time at the Raisin Day parade and thanked the Fire Department for his ride on the department's fire engine.

Council Member Nerio-Guerrero reported attending several meetings. Nerio-Guerero reported attending the Raisin Day festivities and the roundabout's grand opening.

Council Member Thusu participated in the parade and reported receiving positive feedback on the roundabout.

Vice Mayor Reynosa reported participating in the Raisin Day celebration and thanked the City staff for their hard work. Reynosa expressed receiving positive feedback on the roundabout. Reynosa invited the Council to the upcoming Alta Historical Society's Blues and Brews Cookout on October 8, 2022. Reynosa advised that she has tickets available and event sponsorship letters and flyers.

9. CITY MANAGER COMMUNICATIONS
City Manager Patlan thanked the Public Works staff and all who were involved in the roundabout ribbon-cutting celebration. Patlan thanked the Public Works staff and Four Creeks Engineering for their contribution to the project. Patlan thanked the Public Works staff for their constant work dealing with graffiti clean-up around town. Patlan advised that he will be participating in the Alta Historical Society's Blues and Brews Chili Cookoff.

10. CITY STAFF COMMUNICATIONS
Assistant City Manager James reported that he will be participating in the Alta Historical Society's Blues and Brews Chile Cookoff.

City Attorney Yanez advised that the receivership and rehab on Harvard Avenue are in process. Yanez reported that in October he will introduce an ordinance update on the statewide electronic charging station.

Fire Chief Webster thanked the council for riding the Fire Engine during the Raisin Day Parade. Webster reported that the Fire Station's Centennial celebration is scheduled for October 15th.

Director Hernandez thanked the City Manager and the Assistant City Manager for their guidance on the roundabout project, it was a team effort.

Director Hurtado shared that a kitten was rescued from inside the city Prius. The vehicle was towed to the Public Works yard where the kitten was removed from inside the vehicle and adopted by a staff member.

11. CLOSED SESSION

11.1. Liability Claim (MA)
Pursuant to Government Code Section 54956.95; Claimant(s) Ramon Longoria.

Agency Claimed Against: City of Dinuba.

The claim was rejected.

12. ADJOURNMENT
Vice Mayor Reynosa adjourned the regular meeting at 7:08 p.m.

City Council Staff Report
Department: CITY CLERK October 11, 2022
To: Mayor and City Council
From: Maria Alaniz, City Clerk/Human Resources Director Subject: Proclamation No. 2022-05 Honoring the Dinuba High School Class of 1987 (MA)

RECOMMENDATION
Council to adopt Proclamation No. 2022-05 honoring the Dinuba High School Class of 1987.

EXECUTIVE SUMMARY
None.

OUTSTANDING ISSUES
None.

DISCUSSION
None.

FISCAL IMPACT
None.

PUBLIC HEARING
None required.

ATTACHMENTS:

Description
A. Proclamation No. 2022-05
Whereas, 35 years ago the Dinuba High School Class of 1987 graduated; and Whereas, Classmates responses to their experiences and memories of Dinuba High School were the lasting impressions their teachers and coaches made on their lives by preparing them for the future and the friendships forged that have remained close even after 35 years; and Whereas, Many of the graduating students from Dinuba High School’s Class of 1987 have remained and reside in the City of Dinuba with many other classmates residing throughout the United States; and Whereas, The Dinuba High School Class of 1987 prides itself with the contributions of its outstanding graduates from all walks of life who have served their communities well.

Now, Therefore, Be it Resolved, That I, Linda Launer, Mayor of the City of Dinuba, do hereby honor the Class of 1987 celebrating their 35th Reunion at Ridge Creek Golf Course Dinuba on October 22, 2022.

In Witness thereof, I have hereunto set my hand and caused the great seal of the City of Dinuba to be affixed, on the 11th day of October, two-thousand-twenty-two.

City Council Staff Report
Department: CITY ATTORNEY October 11, 2022
To: Mayor and City Council
From: David Yanez, City Attorney
Subject: Second Reading of Ordinance No. 2022-10 Approving Amendments to Floodplain Management Ordinance (DY)

RECOMMENDATION
Council to waive further reading and adopt Ordinance No. 2022-10 approving amendments to the Floodplain Management Ordinance.

EXECUTIVE SUMMARY
The City Council conducted the first reading and public hearing for the proposed amendments to the City's Floodplain Management Ordinance on September 27, 2022. The amendments to the City’s Floodplain Management Ordinance will achieve conformity with applicable laws, especially the most current version of the California Building Code and FEMA regulations. An updated and compliant Floodplain Management Ordinance is also part of the City’s continued participation in FEMA’s National Flood Insurance Program.

OUTSTANDING ISSUES
None.

DISCUSSION
The California Department of Water Resources (DWR) conducted a Community Assistance Visit to the City of Dinuba on April 13, 2021. As a result of that visit, the DWR identified several required actions by the City in order to comply with the State and FEMA’s standards for continued participation in the National Flood Insurance Program (NFIP).

DWR and City Staff have been working closely through a series of scheduled zoom calls to review ordinance amendments and documentation for structures identified in the DWR’s Floodplain Field Inspection document. In regards to those structures identified by the DWR for further review, the DWR has concluded that these have achieved compliance. The last required action on the City’s part is to adopt Ordinance amendments which update building and flood proofing requirements for structures and residences in the designated Floodplain zone.

In preparing the FMO amendments, the DWR provided the City with a California model ordinance for cities in the type of floodzone in which the City of Dinuba is located (i.e., not a coastal zone). Many of the amendments proposed through this item originate from the Model Ordinance. One significant benefit of incorporating Model Ordinance language is that the DWR has already approved the language as compliant with all applicable laws.

Some of the proposed FMO amendments include:

UPDATED DEFINITIONS. (DMC 13.80 ET SEQ). New ordinance definitions define with more specificity different type of structures subject to the flood resistant construction requirements and incorporate terms used by FEMA and DWR.

AMENDMENTS TO REFERENCE CURRENT BUILDING CODE REQUIREMENTS. (DMC 13.92.010) The City’s current Ordinance contains language with fixed base flood elevation requirements. However, due to the California Building Code recent changes. Staff recommends language which requires whatever the current edition of the Building Code requires.

MORE SPECIFIC REQUIREMENTS FOR MANUFACTURED HOMES AND DETACHED GARAGES. (DMC

13.92.040, 13.92.050) The City’s current ordinance does not contain all of the required standards for these types of structures.

INSPECTION PROCEDURES EXPANDED AND CLARIFIED. (DMC 13.88.020) Proposed amendments include a specific progression for a structured to successfully pass inspection for compliance with building code requirements.

Engineers from the DWR also recommended that the City of Dinuba consider adopting a Standard Operating Procedure (SOP) to facilitate the permitting, inspection and compliance process for substantial improvement to damaged or repaired structures. They also recommended that City Staff take advantage of Floodplain Administrators trainings offered by DWR and FEMA.

DWR Engineers also informed the City of Dinuba of opportunities for discounted flood insurance rates through the National Flood Insurance Program's (NFIP) Community Rating System (CRS). CRS is a voluntary incentive program that recognizes and encourages community and state floodplain management activities that exceed the minimum NFIP requirements.

Under the CRS program, flood insurance discounts range from 5% to 45% depending on the credit points earned. The result is discounted flood insurance premiums that reflect the reduced flood risk resulting from the community and state’s increased actions. DWR seeks to enroll more communities into the CRS program and to improve the standing of municipalities in the program. The City of Dinuba was encouraged by the DWR to consider participation in this program.

The DWR has approved of the ordinance amendments now presented to the City Council and staff recommends their adoption.

FISCAL IMPACT
None.

PUBLIC HEARING
A Public Hearing Notice for the introduction of Ordinance No. 2022-10 was published in the Mid Valley Times on Thursday, September 15, 2022.

The noticed Public Hearing was duly held by the City Council for the City of Dinuba on September 27, 2022.

ATTACHMENTS:

Description
A. Ordinance 2022-10 Amendments to Floodplain Management Ordinance B. Ordinance 2022-10 Amendments to Floodplain Management Ordinance with Changes 1 ORDINANCE NO. 2022-10

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DINUBA AMENDING AND REORGANIZING TITLE 13 SECTION 76 THROUGH 96 OF THE DINUBA MUNICIPAL CODE PERTAINING TO FLOODPLAIN

MANAGEMENT REGULATIONS
THE CITY COUNCIL OF THE CITY OF DINUBA HEREBY DOES ORDAIN:

SECTION 1. FINDINGS.

1. The City of Dinuba administers a municipal code, including regulations pertaining to floodplain management regulations.

2. The Municipal Code includes Section 13.76 et seq (Floodplain Management Regulations).

3. The purpose statement of the City of Dinuba’s Floodplain Management Regulations state: “It is the purpose of this division 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 designated:

A. To protect human life and health;
B. To minimize expenditure of public money for costly flood control projects; C. To minimize the need for rescue and relief efforts associated with flooding and generally undertaken at the expense of the general public;
D. To minimize prolonged business interruptions;
E. 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; F. 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; G. To insure that potential buyers are aware that property is in an area of flood hazard; and H. To insure that those who occupy the areas of flood hazard assume responsibility for their actions.

SECTION 2. Amendments were made to Title 13, Chapter 76 of the Dinuba Municipal Code pertaining to Floodplain Management Regulations. Sections are also being reorganized according to this ordinance.

SECTION 3. SEVERABILITY.

Each of the provisions of this ordinance is severable from all other provisions. If any article, section, subsection, paragraph, sentence, clause or phrase of this ordinance is for any reason held by a court of 2 competent jurisdiction to be invalid, such decision shall not affect the validity of the remaining portions of this ordinance.

SECTION 4. PUBLICATION OF ORDINANCE.

Pursuant to Section 2.12.F of the Charter for the City of Dinuba, the City Clerk is hereby directed to cause a summary of this Ordinance to be published within 20 days following such adoption, in a newspaper of general circulation in the City or, if there is no newspaper of general circulation in the City, by posting in three public places. If a summary of the ordinance is published, then the City Clerk shall cause a certified copy of the full text of the proposed ordinance to be posted for a period of 30 days in the office of the City Clerk after the meeting at which the ordinance is adopted and then be made available upon request.

PASSED, APPROVED AND ADOPTED this _______day of____________, 2022.

AYES:

NOES:

ABSENT:

ABSTAIN:
___________________________________
Linda Launer, Mayor of the City of Dinuba
ATTEST:
__________________________
Maria Alaniz, Interim City Clerk
3 Chapter 13.76

FLOOD DAMAGE PREVENTION
Sections:

13.76.05 Statutory authorization.

13.76.06 Findings of fact.

13.76.010 Purpose.

13.76.020 Methods of reducing flood losses.

13.76.030 Applicability.

13.76.05 Statutory authorization.

ThelegislatureofthestateofCaliforniahasinGovernmentCodeSections65302,65560and65800conferred upon local government units authority to adoptregulations designed to promote the public health,safety, and generalwelfareofits citizenry.Therefore,theCityCouncilofCityofDinubadoesherebyadoptthefollowing floodplain management regulations. (Ord. 2003-12 § I (part), 2003)

13.76.06 Findings of fact.

A. ThefloodhazardareasoftheCityofDinubaaresubjecttoperiodicinundationwhichresultsinlossof life and property, health and safety hazards, disruption of commerce and governmental services, extraordinary public expendituresfor flood protection andrelief 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.Thecumulativeeffectofobstructionsinareasofspecialfloodhazards,whichincreaseflood heights and velocities, also contribute to the flood loss. (Ord. 2003-12 § 1 (part), 2003)

13.76.010 Purpose.

Itisthepurposeofthisdivisiontopromotethepublichealth,safetyandgeneralwelfare,andtominimize public and private losses due to flood conditions in specific areas by provisions designated:

A. To protect human life and health;
4 B. To minimize expenditure of public money for costly flood controlprojects; C. To minimize the need for rescue and relief efforts associated with flooding and generally undertaken at the expense of the general public;
D. To minimize prolonged business interruptions;
E. Tominimizedamagetopublicfacilitiesandutilitiessuchaswaterandgasmains;electric,telephone and sewer lines; and streets and bridges located in areas of special floodhazard; F. Tohelpmaintainastabletaxbasebyprovidingforthesounduseanddevelopmentofareasofspecial flood hazard soas to minimize future blighted areas caused by flood damage; G. To insure that potential buyers are aware that property is in an area of flood hazard; and H. To insure that those who occupy the areas of flood hazard assume responsibility for their actions. (Ord. 98- 8 § 2, 1998; Ord. 649 § 1 (part), 1982)

13.76.020 Methods of reducing flood losses.

In order to accomplish its purpose, this division includes methods and provisions for:

A. Restrict or prohibit uses which are dangerousto health,safety and property due to water or erosion hazards, or which result in damaging increasesin erosion orflood heights or velocities; B. Requiring that uses vulnerable to floods, including facilities whichservice such uses, be protected against flood damage at the time of initial construction; C. Controlling the alterationof naturalfloodplains,streamchannels, andnatural protective barriers, which help accommodate or channel flood waters;
D. Controlling, filling, grading and other development which may increase flood damage; and E. Preventingorregulatingtheconstructingoffloodbarriers whichwill unnaturally divertfloodwaters or which may increase flood hazards in other areas. (Ord. 988 § 3, 1998; Ord. 649 § 1 (part),1982) 5 13.76.030 Applicability.

These regulations, in conjunction with the building codes, provide minimum requirements for development located in flood hazard areas, including the subdivision of land; filling, grading and other site improvements; installation of utilities; installation, placement and replacement of manufactured homes; placement of recreational vehicles; installation of tanks; temporary structures and temporary or permanent storage; utility and miscellaneous Group U buildings and structures; certain building work exempt from permit under the building codes; and flood control projects. 6 Chapter 13.80

DEFINITIONS
Sections:

13.80.010 Definition interpretation.

13.80.020 Accessory Structure.

13.80.030 Agricultural Structure.

13.80.040 Accessory use.

13.80.050 Alluvial fan.

13.80.060 Alteration of a watercourse.

13.80.070 Apex.

13.80.080 Appeal.

13.80.090 Area of shallow flooding.

13.80.100 Area of special hazard.

13.80.110 ASCE 24.

13.80.120 Base flood.

13.80.130 Basement.

13.80.140 Building.

13.80.150 Building code.

13.80.160 Design flood.

13.80.170 Design flood elevation.
7 13.80.180. Development.

13.80.190 Encroachment.

13.80.200 Existing manufactured home park or subdivision.

13.80.210 Expansion to an existing manufactured home park or subdivision.

13.80.220 Flood, flooding or flood water.

13.80.230 Flood boundary and floodway map (FBFM).

13.80.240 Flood damage-resistant materials.

13.80.250 Flood hazard area.

13.80.260 Flood hazard boundary map.

13.80.270 Flood insurance rate map (FIRM).

13.80.280 Flood insurance study.

13.80.290 Floodplain or flood-prone area

13.80.300 Floodplain administrator.

13.80.310 Floodplain management.

13.80.320 Floodplain management regulations.

13.80.330 Floodproofing.

13.80.340 Floodway.

13.80.350 Floodway encroachment line.

13.80.360 Floodway fringe.

13.80.370 Fraud and victimization.
8 13.80.380 Functionally dependent use.

13.80.390 Governing body.

13.80.400 Hardship.

13.80.410 Highest adjacent grade.

13.80.420 Historic structure.

13.80.430 Letter of Map Change (LOMC).

13.80.440 Levee.

13.80.450 Levee system.

13.80.460 Lowest floor.

13.80.470 Manufactured home.

13.80.480 Manufactured home park or subdivision.

13.80.490 Market value.

13.80.500 Mean sea level.

13.80.510 New construction.

13.80.520 New manufactured home park or subdivision.

13.80.530 Obstruction.

13.80.540 One hundred year flood or 100-year flood.

13.80.550 Permit for floodplain development.

13.80.560 Principal structure.
9 13.80.570 Public safety and nuisance.

13.80.580 Recreational vehicle.

13.80.590 Regulatory floodway.

13.80.600 Remedy a violation.

13.80.610 Riverine.

13.80.620 Sheet flow area.

13.80.630 Special flood hazard area (SFHA).

13.80.640 Start of construction.

13.80.650 Structure.

13.80.660 Substantial damage.

13.80.670 Substantial improvement.

13.80.680 Utility and Miscellaneous Group U

13.80.690 Violation.

13.80.700 Variance.

13.80.710 Water surface elevation.

13.80.720 Watercourse.

13.80.010 Definition interpretation.

Unlessspecificallydefinedbelow,wordsorphrasesusedinthis chaptershallbeinterpretedsoastogivethem themeaningtheyhaveincommonusageandtogivethisdivisionitsmostreasonableapplication.(Ord.96-3§ 1 (Exh. A (part)), 1996)
10 13.80.020___ Accessory Structure
“Accessory Structure” means a structure on the same parcel of property as a principal structure and the use of which is incidental to the use of the principal structure. For floodplain management purposes, the term includes only accessory structures used for parking and storage.

13.80.030_ Agricultural Structure
“Agricultural Structure” means a walled and roofed structure used exclusively for agricultural purposes or uses in connection with the production, harvesting, storage, raising, or drying of agricultural commodities and livestock, including aquatic organisms. Structures that house tools or equipment used in connection with these purposes or uses are also considered to have agricultural purposes or uses.

13.80.040 Accessory use.
“Accessory use” means a use which isincidental andsubordinate to the principal use of the parcel of land on which it is located. (Ord. 96-3 § 1 (Exh. A (part)), 1996)

13.80.050 Alluvial fan.
“Alluvialfan”meansageomorphologicfeaturecharacterizedbyaconeorfan-shapeddepositofboulders, gravel,andfinesedimentsthathavebeenerodedfrommountainslopes,transportedbyfloodflows,andthen depositedonthe valley floors, andwhich issubject to flash flooding, high velocity flows, debrisflows, erosion, sediment movement and deposition, and channel migration. (Ord. 96-3 § 1 (Exh. A (part)), 1996)

13.80.060 Alteration of a watercourse
“Alteration of a watercourse” means a dam, impoundment, channel relocation, change in channel alignment, channelization, or change in cross-sectional area of the channel or the channel capacity, or any other form of modification which may alter, impede, retard or change the direction and/or velocity of the riverine flow of water during conditions of the base flood.

13.80.070 Apex.
“Apex” meansthe point of highest elevation on an alluvial fan, which on undisturbed fansis generally the point wherethemajorstreamthatformed thefan emergesfromthemountainfront.(Ord. 96-3§1 (Exh.

A(part)), 1996)

13.80.080 Appeal.
“Appeal”means a requestforreviewofthe floodplainadministrator’sinterpretationof any provision ofthis division. (Ord. 96-3 § 1 (Exh. A (part)), 1996)
11 13.80.090 Area of shallow flooding.
“Areaofshallowflooding”meansadesignatedAOorAHzoneonthefloodinsuranceratemap(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. Such flooding is characterized by ponding or sheet flow. (Ord. 96-3 § 1 (Exh. A (part)), 1996)

13.80.100 Area of special hazard.

See “Special flood hazard area.” (Ord. 96-3 § 1 (Exh. A (part)), 1996)

13.80.110 ASCE 24
“ASCE 24” means the standard Flood Resistant Design and Construction, referenced by the building code, developed and published by the American Society of Civil Engineers, Reston, VA. Where cited, ASCE 24 refers to the edition of the standard that is referenced by the building code.

13.80.120 Base flood.
“Base flood” means a flood which has a one percent chance of being equaled or exceeded in any given year (alsocalledtheonehundredyearflood).Basefloodisthetermusedthroughoutthis chapter.(Ord. 96-3§1 (Exh. A (part)), 1996)

13.80.130 Basement.
“Basement” means any area of the building having its floor subgrade, i.e., below ground level on all sides. (Ord. 96-3 § 1 (Exh. A (part)), 1996)

13.80.140 Building.

See “Structure.” (Ord. 96-3 § 1 (Exh. A (part)), 1996)

13.80.150 Building Code
“Building code” means California Code of Regulations Title 24, the California Building Standards Code, the family of building codes specifically adopted by the State of California and composed of:
(1) Part 2, applicable to buildings and structures other than dwellings within the scope of this part. (2) Part 2.5, applicable to one- and two-family dwellings and townhouses not more than three stories, and accessory structures.
(3) Part 10, applicable to existing buildings (as defined in that code). (4) Other specified codes.
12 13.80.160 Development.
“Development”meansanyman-made changetoimprovedorunimprovedrealestate,includingbutnot limitedto buildings or otherstructures, mining, dredging,filling, grading, paving, excavationor drilling operations or storage of equipment or materials. (Ord. 96-3 § 1 (Exh. A (part)), 1996)

13.80.170 Design flood.
“Design flood” means the flood associated with the greater of the following two areas: [Also defined in CCR Title 24 Part 2.]
(1) Area with a flood plain subject to a 1-percent or greater chance of flooding in any year. (2) Area designated as a flood hazard area on a community’s flood hazard map, or otherwise legally designated.

13.80.180 Design flood elevation.
“Design flood elevation” means the elevation of the “design flood,” including wave height, relative to the datum specified on the community’s legally designated flood hazard map. In areas designated as Zone AO, the design flood elevation shall be the elevation of the highest existing grade of the building’s perimeter plus the depth number (in feet) specified on the flood hazard map. In areas designated as Zone AO where a depth number is not specified on the map, the depth number shall be taken as being equal to 2 feet (610 mm). [Also defined in CCR Title 24 Part 2.]

13.80.190 Encroachment.
“Encroachment” meansthe advance orinfringement of uses, plant growth, fill, excavation, buildings, permanent structuresordevelopmentintoafloodplainwhichmayimpedeoraltertheflowcapacityofa floodplain.(Ord.96- 3 § 1 (Exh. A (part)), 1996)

13.80.200 Existing manufactured home park or subdivision. “Existingmanufacturedhomepark orsubdivision”means amanufacturedhomepark orsubdivisionfor which the construction of facilitiesforservicing the lots on which the manufactured homes are to be affixed (including, at a minimum,theinstallationofutilities,theconstructionofstreets,andeitherfinalsitegrading orthepouringof concretepads)is completedbeforetheeffectivedateofthefloodplainmanagement regulationsadoptedbya community. (Ord. 96-3 § 1 (Exh. A (part)), 1996)

13.80.210 Expansion to an existing manufactured home park or subdivision. “Expansion to anexistingmanufactured home park orsubdivision” meansthe preparationof additionalsites by the construction of facilitiesforservicing the lots onwhich themanufactured homes are to be affixed (including theinstallationofutilities,theconstructionofstreets,andeitherfinalsitegradingorthepouring ofconcrete pads). (Ord. 96-3 § 1 (Exh. A (part)), 1996) 13 13.80.220 Flood, flooding or flood water.
“Flood, flooding or flood water” means:

A. A general andtemporary condition of partial or complete inundation of normally dry land areasfrom the overflowofinlandortidalwaters;theunusualandrapidaccumulationorrunoffofsurfacewaters fromany source, and/or mudslides (i.e., mudflows). (See “Mudslides”); and B. The condition resulting fromflood-related erosion. (See “Flood-related erosion.”) (Ord. 96-3 § 1 (Exh. A (part)), 1996)

13.80.230 Flood boundary and floodway map (FBFM).
“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 areas of special flood hazards and the floodway. (Ord. 96-3 § 1 (Exh. A (part)), 1996)

13.80.240 Flood damage-resistant materials.
“Flood damage-resistant materials” means any construction material capable of withstanding direct and prolonged contact with floodwaters without sustaining any damage that requires more than cosmetic repair. [Also defined in CCR Title 24 Part 2.]

13.80.250 Flood hazard area.
“Flood hazard area” means the greater of the following two areas: [Also defined in CCR Title 24 Part 2.] (1) The area within a floodplain subject to a 1-percent or greater chance of flooding in any year. (2) The area designated as a flood hazard area on the community’s flood hazard map, or otherwise legally designated.

13.80.270 Flood insurance rate map (FIRM).
“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. (Ord. 96-3 § 1 (Exh. A (part)), 1996) 14 13.80.280 Flood insurance study.
“Floodinsurancestudy”meanstheofficialreport providedby the Federal InsuranceAdministrationthatincludes flood profiles, the flood insurance rate map, the flood boundary and floodway map, and the water surface elevation of the base flood. (Ord. 96-3 § 1 (Exh. A (part)), 1996)

13.80.290 Floodplain or flood-prone area.
“Floodplain or flood-prone area” means any land area susceptible to being inundated by water from any source. (See “Flooding.”) (Ord. 96-3 § 1 (Exh. A (part)), 1996)

13.80.300 Floodplain administrator.
“Floodplainadministrator”meanstheindividual appointedto administer andenforcethefloodplainmanagement regulations. (Ord. 96-3 § 1 (Exh. A (part)), 1996)

13.80.310 Floodplain management.
“Floodplainmanagement” means the operation of an overall programof corrective and preventive measuresfor reducingflooddamageandpreservingandenhancing,wherepossible,naturalresourcesinthefloodplain, including but not limited to emergency preparedness plans, flood control works, floodplain management regulations, and open space plans. (Ord. 96-3 § 1 (Exh. A (part)), 1996)

13.80.320 Floodplain management regulations.
“Floodplainmanagementregulations” meansthe ordinance codified in this chapter andotherzoning ordinances, subdivision regulations, building codes, health regulations, special purpose ordinances (such as grading and erosion control andother applications of police power which control developmentin flood-prone areas. Thisterm describes federal, state or local regulations in any combination thereof which provide standards for preventing and reducing flood loss and damage. (Ord. 96-3 § 1 (Exh. A (part)), 1996)

13.80.330 Floodproofing.
“Floodproofing”means any combinationofstructural andnonstructural additions, changes,or adjustmentsto structures which reduce or eliminate flood damage to real estate or improved real property, water and sanitary facilities, structures, and their contents. (Ord. 96-3 § 1 (Exh. A (part)), 1996)

13.80.340 Floodway.
“Floodway”meansthechannelofariverorotherwatercourseandtheadjacentlandareasthatmustbe reserved inordertodischargethebasefloodwithoutcumulativelyincreasingthewatersurfaceelevation 15 morethanone foot. Also referred to as “regulatory floodway.” (Ord. 96-3 § 1 (Exh. A (part)), 1996)

13.80.350 Floodway encroachment line.
“Floodway encroachment line” meansthe lines marking the limits of floodways onfederal,state andlocal floodplain maps. (Ord. 96-3 § 1 (Exh. A (part)), 1996)

13.80.360 Floodway fringe.
“Floodway fringe” meansthat area of the floodplain on eitherside of the regulatory floodway where encroachment may be permitted. (Ord. 96-3 § 1 (Exh. A (part)), 1996)

13.80.370 Fraud and victimization.
“Fraudandvictimization” asrelatedtoSection13.80.660,Variance, ofthis chaptermeansthatthevariance granted must not cause fraud on or victimization of the public. In examining this requirement, the city will consider the fact that every newly constructed building addsto government responsibilities andremains a part of the community for fifty to one hundred years. Buildingsthat are permitted to be constructed below the base flood elevationaresubjectduringallthoseyearstoincreasedriskofdamagefromfloods,whilefuture ownersofthe property andthecommunity asawholearesubjecttoallthecosts, inconvenience,dangerand sufferingthat thoseincreasedflooddamagesbring.Inaddition,futureownersmaypurchasetheproperty, unawarethatitis subjectto potentialflooddamage, andcanbeinsuredonly at very highfloodinsurance rates.(Ord. 96-3§ 1 (Exh. A (part)), 1996)

13.80.380 Functionally dependent use.
“Functionallydependentuse”meansausewhichcannotperformitsintendedpurposeunlessitislocatedor carried out in close proximity to water. The termincludes only docking facilities, port facilitiesthat are necessary fortheloadingandunloadingofcargoorpassengers,andshipbuildingandshiprepairfacilities, and doesnot include long-term storage or related manufacturing facilities. (Ord. 96-3 § 1 (Exh. A (part)), 1996)

13.80.390 Governing body.
“Governing body” means the local governing unit, i.e., county or municipality, that is empowered to adopt and implementregulationstoprovideforthepublichealth,safetyandgeneralwelfareofits citizenry.(Ord.96-3§ 1 (Exh. A (part)), 1996)

13.80.400 Hardship.
“Hardship” asrelated to Section 13.96.030(E) of this divisionmeansthe exceptional hardship that would result 16 fromafailuretogranttherequestedvariance.Thecityrequiresthatthevariancebeexceptional,unusual,and peculiarto the property involved. Mere economic orfinancial hardship aloneis not exceptional. Inconvenience, aestheticconsiderations,physicalhandicaps,personalpreferences,orthedisapprovalofone’sneighbors likewisecannot,asarule,qualifyasanexceptionalhardship.Alloftheseproblemscanberesolvedthrough othermeanswithoutgrantingavariance,evenifthealternativeismoreexpensive,orrequirestheproperty ownertobuildelsewhereor puttheparceltoadifferent usethanoriginally intended.(Ord. 96-3§ I(Exh. A (part)), 1996)

13.80.410 Highest adjacent grade.
“Highest adjacent grade” meansthe highest natural elevation of the ground surface priorto construction next to the proposed walls of a structure. (Ord. 96-3 § 1 (Exh. A (part)), 1996)

13.80.420 Historic structure.
“Historic structure” means any structure that is:

A. Listed individually in the National Register of Historic Places (a listing maintained by the Department of the Interior)orpreliminarilydeterminedbytheSecretaryoftheInteriorasmeetingtherequirementsfor individual listing on the National Register;
B. 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;
C. Individually listedona state inventory of historic placesinstates with historic preservationprograms which have been approved by the Secretary of the Interior; or D. Individually listedonalocal inventory of historic placesincommunities withhistoric preservation programs thathavebeencertifiedeitherbyanapprovedstateprogramasdeterminedby theSecretary of theInterioror directly by theSecretary oftheInteriorinstates withapprovedprograms.(Ord. 96-3§I (Exh. A(part)), 1996)

13.80.430 Letter of map change (LOMC).
“Letter of Map Change (LOMC)” means an official determination issued by FEMA that amends or revises an effective Flood Insurance Rate Map or Flood Insurance Study. Letters of Map Change include:
17 (1) Letter of Map Amendment (LOMA): An amendment based on technical data showing that a property was incorrectly included in a designated special flood hazard area. A LOMA amends the current effective Flood Insurance Rate Map and establishes that a specific property, portion of a property, or structure is not located in a special flood hazard area. (2) Letter of Map Revision (LOMR): A revision based on technical data that may show changes to flood zones, flood elevations, special flood hazard area boundaries and floodway delineations, and other planimetric features.
(3) Letter of Map Revision Based on Fill (LOMR-F): A determination that a structure or parcel of land has been elevated by fill above the base flood elevation and is, therefore, no longer located within the special flood hazard area. In order to qualify for this determination, the fill must have been permitted and placed in accordance with the community’s floodplain management regulations.
(4) Conditional Letter of Map Revision (CLOMR): A formal review and comment as to whether a proposed flood protection project or other project complies with the minimum NFIP requirements for such projects with respect to delineation of special flood hazard areas. A CLOMR does not revise the effective Flood Insurance Rate Map or Flood Insurance Study; upon submission and approval of certified as-built documentation, a Letter of Map Revision may be issued by FEMA to revise the effective FIRM.

13.80.440 Levee.
“Levee” means a man-made structure, usually an earthen embankment, designed and constructed in accordance withsoundengineeringpracticestocontain,controlordiverttheflowofwatersoastoprovide protectionfrom temporary flooding. (Ord. 96-3 § 1 (Exh. A (part)), 1996)

13.80.450 Levee system.
“Levee system” means a flood protection system which consists of a levee, or levees, and associated structures,such as closures and drainage devices, which are constructed and operated in accord with sound engineering practices. (Ord. 96-3 § 1 (Exh. A (part)), 1996)

13.80.460 Lowest floor.
“Lowestfloor”meansthelowestfloor enclosedarea includinga basement(see “Basement” definitionofthis chapter).
18 A. An unfinished orflood resistant enclosure belowthe lowest floorthatis usable solely for parkingof vehicles, buildingaccess orstorageinanareaotherthanabasement area, is not consideredabuilding’s lowestfloor provideditconformstotheapplicablenon elevationdesignrequirementsofthisDivision3of Title13,including but not limited to:

1. The wet floodproofing standard in Section 13.92.010(C)(4);

2. The anchoring standards in Section 13.92.010;

3. The construction materials and methods standards in Section13.92.010.

B. Forresidentialstructures,allsubgradeenclosedareasareprohibitedastheyareconsideredto be basements(See “Basement” definitionofthis chapter). This prohibitionincludes below-grade garages and storage areas. (Ord. 98-8 § 11, 1998)

13.80.470 Manufactured home.
“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. Theterm“manufactured home”doesnotinclude a recreational vehicle.(Ord. 96-3 §1 (Exh.A(part)), 1996)

13.80.480 Manufactured home park or subdivision.
“Manufactured homepark orsubdivision” means a parcel (or contiguous parcels) of land divided into two or more manufactured home lots for rent or sale. (Ord. 96-3 § 1 (Exh. A (part)), 1996)

13.80.490 Market value.

Market value shall be determined by estimating the cost to replace the structure in new condition and adjusting that costbytheamountofdepreciation,whichhasaccruedsincethestructurewas constructed.

Thecostof replacementofthestructureshallbebasedonasquarefootcostfactordeterminedreferenceto abuildingcost 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 obsolescenceasapprovedbythefloodplainadministrator,butshallnotinclude economicorotherformsof external obsolescence. Use ofreplacement costs or accrued depreciation factors different fromthose contained inrecognizedbuildingcostestimatingguidesmaybeconsideredonlyifsuch factorsareincludedinareport preparedbyanindependentappraiserandsupportedbyawritten 19 explanationofthedifferences.(Ord.2003-12
§ 1 (part), 2003)

13.80.500 Mean sea level.
“Meansealevel”means,forpurposesoftheNationalFloodInsuranceProgram,theNationalGeodeticVertical Datum (NGVD) of 1929 or other datum, to which base flood elevations shown on a community’s flood insurance rate map are referenced. (Ord. 96-3 § 1 (Exh. A (part)), 1996)

13.80.510 New construction.
“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 the community, and includes any subsequent improvements to such structures. (Ord. 96-3 § I (Exh. A (part)), 1996).

13.80.520 New manufactured home park or subdivision.
“New manufactured home park or subdivision” means a manufactured home park or subdivision for which the construction of facilitiesforservicing the lots onwhich the manufactured homes are to be affixed (including at a minimum,theinstallationofutilities,theconstructionofstreets,andeitherfinalsitegrading orthepouringof concrete pads) is completed on or after the effective date of floodplain management regulations adopted by this community. (Ord. 96-3 § 1 (Exh. A (part)), 1996)

13.80.530 Obstruction.
“Obstruction”meansandincludes,butisnotlimitedto, anydam,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 propensitytosnareorcollectdebriscarriedbytheflowofwater,oritslikelihoodofbeingcarried downstream. (Ord. 96-3 § 1 (Exh. A (part)), 1996)

13.80.540 One hundred year flood or 100-year flood.

See “Base flood.” (Ord. 96-3 § I (Exh. A (part)), 1996)

13.80.550__ Permit for floodplain development.
“Permit for floodplain development” means an official document or certificate issued by the community, or other evidence of approval or concurrence, which authorizes performance of specified development 20 activities that are located in flood hazard areas and that are determined to be compliant with these regulations.

13.80.560 Principal structure.
“Principalstructure” means a structure usedforthe principal use ofthe property as distinguishedfroman accessory use. (Ord. 96-3 § 1 (Exh. A (part)), 1996)

13.80.570 Public safety and nuisance.
“Publicsafetyandnuisance,”asrelatedtoSection13.96.030(E)ofthisdivision,meansthatthegrantingof 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 obstructsthe free passage or use, in the customarymanner,of anynavigablelake,river, bay,stream, canal, orbasin.(Ord. 96-3§ 1 (Exh. A(part)), 1996)

13.80.580 Recreational vehicle.
“Recreational vehicle” means a vehicle which is:

A. Built on a single chassis;
B. Four hundred square feet or less when measured at the largest horizontal projection; C. Designed to be self-propelled or permanently towable by a light duty truck; and D. Designated primarily notfor use as a permanent dwelling but astemporary living quartersfor recreational, camping, travel or seasonal use. (Ord. 98-8 § 15, 1998; Ord. 96-3 § 1 (Exh. A (part)), 1996)

13.80.590 Regulatory floodway.
“Regulatory floodway” means the channel of a river or other watercourse and the adjacent land areasthat must bereservedinordertodischargethebasefloodwithoutcumulativelyincreasingthewatersurface elevation more than one foot. (Ord. 96-3 § 1 (Exh. A (part)), 1996)

13.80.600 Remedy a violation.
“Remedyofviolation”meanstobringthestructureorotherdevelopmentintocompliancewithstateor local floodplainregulations,or,ifthisisnotpossibletoreducetheimpactsofitsnoncompliance.Waysthat impacts may be reduced include protecting the structure or other affected development from flood damages, implementing the enforcement provisions of the ordinance or otherwise deterring future similar violations, or reducingstateorfederalfinancialexposurewithregardtothestructureorother 21 development.(Ord.2003-12§1 (part), 2003: Ord. 98-9 § 16, 1998)

13.80.610 Riverine.
“Riverine” meansrelating to, formed by, orresembling a river (including tributaries),stream, brook, etc. (Ord. 963 § I (Exh. A (part)), 1996)

13.80.620 Sheet flow area.

See “Area of shallow flooding.” (Ord. 96-3 § I (Exh. A (part)), 1996)

13.80.630 Special flood hazard area (SFHA).
“Special flood hazard area (SFHA)” means an area having special flood and/or mudslide (i.e., mudflow) hazards and shown on an FHBM or FIRM as zone A, AO, AIA30, AE, A99, AH, E, M. (Ord. 98-8 § l8, 1998)

13.80.640 Start of construction.
“Start of construction” means and 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 one hundred eighty days from the date of the permit. Theactualstartmeansthefirst placementofpermanent constructionof a structureonasite,suchas thepouringofslaborfootings,theinstallationofpiles,theconstructionof columns,oranyworkbeyondthe 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 doesit include the installation ofstreets and/or walkways; nor does it include excavation for a basement, footings, piers, or foundations or the erection of temporaryforms;nordoesitincludetheinstallationon thepropertyofaccessorybuildings,suchasgarageor sheds not occupied as dwelling units or not part of the main structure. For a substantial improvement, the actual startof constructionmeansthefirst alterationof anywall, ceiling,floor,orotherstructuralpartofabuilding, whetherornotthatalterationaffectsthe externaldimensionsofthebuilding.(Ord.96-3§1(Exh.A(part)),1996)

13.80.650 Structure.
“Structure” means a walled androofed building thatis principally above ground;thisincludes a gas orliquid storage tank or a manufactured home. (Ord. 96-3 § 1 (Exh. A (part)), 1996)

13.80.660 Substantial damage.
“Substantialdamage”meansdamageofanyoriginsustainedbyastructurewherebythecostofrestoringthe 22 structure to its before damaged condition would equal or exceed fifty percent of the market value of the structure before the damage occurred. (Ord. 96-3 § 1 (Exh. A (part)), 1996)

13.80.670 Substantial improvement.
“Substantial improvement” means any reconstruction, rehabilitation, addition, or other proposed new developmentofastructure,thecostofwhichequalsorexceedsfiftypercentofthemarketvalueofthe 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:

A. Any project for improvement of a structure to correct existing violations orstate or local health,sanitary, or safetycodespecificationswhichhavebeenidentifiedbythelocalcodeenforcementofficialandwhich arethe minimum necessary to assure safe living conditions; or B. Any alterationof a historic structure, providedthatthe alterationwill not preclude the structure’s continued designation as a historic structure. (Ord. 96-3 § 1 (Exh. A (part)), 1996)

13.80.680 Utility and miscellaneous group U.
“Utility and Miscellaneous Group U” means buildings and structures of an accessory character and miscellaneous structure not classified in any special occupancy, as described in the building code.

13.80.690 Violation.
“Violation” meansthe failure of a structure or other development to be fully compliant with this ordinance. A structureorotherdevelopmentwithouttheelevationcertificate,othercertifications,orotherevidenceof compliance required in this ordinance is presumed to be in violation untilsuch time asthat documentation is provided. (Ord. 2003-12 § 1 (part), 2003: Ord. 98-8 § 20, 1998)

13.80.700 Variance.
“Variance” means a grant ofrelief fromthe requirements of this division which permits construction in a manner that would otherwise be prohibited by this division. (Ord. 96-3 § 1 (Exh. A (part)), 1996)

13.80.710 Water surface elevation.
“Watersurfaceelevation”meanstheheight,inrelationtotheNationalGeodeticVerticalDatum(NGVD)of 1929, (or other datum, where specified) of flood of various magnitudes and frequencies in the floodplains of coastal or riverine areas. (Ord. 96-3 § 1 (Exh. A (part)), 1996) 23 13.80.720 Watercourse.
“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. 96-3 § I (Exh. A (part)), 1996) 24 Chapter 13.84

GENERAL PROVISIONS
Sections:

13.84.010 Lands to which Division 3 of Title 13 applies.

13.84.020 Basis for establishing the areas of special flood hazard.

13.84.030 Compliance.

13.84.040 Abrogation and greater restrictions.

13.84.050 Interpretation.

13.84.060 Warning and disclaimer of liability.

13.84.070 Severability.

13.84.010 Lands to which Division 3 of Title 13 applies.

Division3of Title13shall applytoall areasofspecialfloodhazardswithinthejurisdictionofthecity. (Ord. 98-8 § 21 (part), 1998; Ord. 711 (part), 1988: Ord. 649 § 1 (part), 1982)

13.84.020 Basis for establishing the areas of special flood hazard.

TheareasofspecialfloodhazardidentifiedbytheFederalEmergencyManagementAgency(FEMA)inthe Flood InsuranceStudy(FIS)fortheCityofDinuba,CaliforniadatedMay3,1982,withaccompanyingflood insurance ratemaps(FIRMs) and FloodBoundary and Floodway Maps(FBFMs), datedMay 3, 1952, andall subsequent amendmentsand/orrevisions, areherebyadoptedby referenceanddeclaredtobeapartof this chapter.This FIS andattendantmappingistheminimumareaof applicability ofthis chapter andmay besupplementedby studiesforotherareaswhichallowimplementationofthis chapterandwhichare recommendedtotheDinuba city council by the floodplain administrator. The study, FIRMs and FBFMs are on file at the Development Services Department, 1088 E. Kamm Avenue, Dinuba CA 93618. (Ord. 2009-02 § 1, 2009: Ord. 98-8 § 21 (part),
1998; Ord. 96-3 § 2, 1996)

13.84.030 Compliance.
25 No structure or land shall hereafter be constructed, located, extended, converted, or altered without full compliance with the terms of Division 3 of Title 13 andother applicable regulations. Violations ofthe provisions of Division 3 of Title 13 by failure to comply with any of itsrequirements(including violations of conditions and safeguards established in connection with conditions) shall constitute a misdemeanor.

Nothing herein shall preventthecity fromtakingsuchlawfulactionasisnecessary topreventorremedy anyviolation.(Ord.98-8
§ 21 (part), 1998; Ord. 711 (part), 1988: Ord. 649 § l (part), 1982)

13.84.040 Abrogation and greater restrictions.

Division3ofTitle13isnotintendedtorepeal,abrogate,orimpairanyexistingeasements, covenants,ordeed restrictions. However, where Division 3 of Title 13 and another ordinance, easement, covenant, or deed restriction conflict or overlap, whichever imposes the more stringent restrictionsshall prevail. (Ord. 98-8 § 21 (part), 1998; Ord. 711 (part), 1988: Ord. 649 § 1 (part), 1982)

13.84.050 Interpretation.

In the interpretation and application of Division 3 of Title 13 all provisions shall be:

A. Considered as minimum requirements;
B. Liberally construed in favor of the governing body; and C. Deemedneithertolimit norrepealanyotherpowers grantedunderstatestatutes.(Ord. 98-8§21 (part), 1998; Ord. 711 (part), 1988: Ord. 649 § 1 (part), 1982)

13.84.060 Warning and disclaimer of liability.

The degree of flood protection required by Division 3 of Title 13 is considered reasonable for regulatory purposes andisbasedonscientificandengineeringconsiderations.Largerfloodscanandwilloccuronrare occasions. Floodheightsmaybeincreasedbymanmadeornatural causes.Division3of Title13doesnot imply thatland outsidetheareasofspecialfloodhazardsorusespermittedwithinsuchareaswillbefreefrom floodingorflood damages.Division3ofTitle13shallnotcreateliabilityonthepartofthecity, anyofficeror employeethereof,or theFederalInsuranceAdministration,foranyflooddamagesthatresultfromreliance onDivision3ofTitle13or any administrative decision lawfullymadethereunder.(Ord. 98-8 §21(part), 1998;Ord. 711(part), 1988:Ord. 649 § I (part), 1982)
26 13.84.070 Severability.

Division3ofTitle13andthevariouspartsthereofaredeclaredtobeseverable.Shouldanysectionof Division3 of Title 13 be declared by the courts to be unconstitutional orinvalid,such decision shall not affect the validity of Division3ofTitle13asawhole,oranyportionthereofotherthanthesectionsodeclaredtobe unconstitutional or invalid. (Ord. 98-8 § 21 (part), 1998; Ord. 711 (part), 1988: Ord. 649 § l (part), 1982 27 Chapter 13.88

ADMINISTRATION
Sections:

13.88.010 Establishment of development permit.

13.88.020 Inspections.

13.88.030 Designation of the administrator.

13.88.040 Duties and responsibilities.

13.88.050 Documentation of floodplain development.

13.88.060 Alteration of Water courses

13.88.070 Map determinations.

13.88.075 Remedy of violations.

13.88.080 Maintenance of flood protection measures.

13.88.090 Appeals.

13.88.010 Establishment of development permit.

Adevelopmentpermitshallbeobtainedbeforeconstructionordevelopmentbeginswithinanyareaof special floodhazardestablishedinSection13.84.020.Applicationfor adevelopmentpermitshallbemade onforms furnishedbythedevelopmentservicesmanagerandmayinclude,butnotbelimitedto,plansin duplicatescale showing the nature, location. dimensions. andelevations 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.

A. Site plan, including but not limited to:

1. For all proposed structures,spot ground elevations at building corners andtwenty feet or smaller intervals along the foundation footprint, or one foot contour elevationsthroughout the 28 building site;

2. Proposed locations of water supply, sanitary sewer, and utilities;

3. If available, the baseflood elevation from the Flood Insurance Study and/or Flood Insurance Rate Map; and

4. If applicable, the location of the regulatory floodway;.

B. Foundation design detail, including but not limited to:

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

2. For a crawl-space foundation, location and total net area of foundation openings asrequired in Section 13.92.010(C)(3) and FEMA Technical Bulletins 1-93 and 7-93; and

3. For foundations placed on fill, the location and height of fill, and requirements(compacted to ninetyfive percent using the Standard Proctor Test method).

C. Proposed elevation in relation to mean sea level to which any nonresidentialstructure will be floodproofed, as required in Section 13.92.010(C)(2) and FEMA Technical Bulletin TB3-93; D. All appropriate certificationslisted in Section 13.88.040(D) andFEMATechnical Bulletin TB3-93; and E. Descriptionoftheextenttowhichanywatercoursewillbealteredorrelocatedasaresultof proposed development. (Ord. 2003-12 § 1 (part), 2003: Ord. 98-8 § 22, 1998; Ord. 711 (part), 1988; Ord. 649 § I (part), 1982)

13.88.020 Inspections.

Inspections, in general. Development for which a permit for floodplain development is required shall be subject to inspection. Approval as a result of an inspection shall not be construed to be an approval of a violation of the provisions of these regulations or the building code. Inspections presuming to give authority to violate or cancel the provisions of these regulations or the building code or other ordinances shall not be valid.

Inspections of development other than buildings and structures. The Floodplain Administrator shall make or cause to be made, inspections of all development other than buildings and structures that is 29 authorized by issuance of a permit for floodplain development under these regulations. The Floodplain Administrator shall inspect flood hazard areas from time to time to determine when development is undertaken without issuance of a permit.

Inspections of manufactured homes installations. The Floodplain Administrator shall make or cause to be made, inspections of installation and replacement of manufactured homes in flood hazard areas authorized by issuance of a permit for floodplain development under these regulations. Upon installation of a manufactured home and receipt of the elevation certification required in 13.92.040(B) of these regulations the Floodplain Administrator shall inspect the installation or have the installation inspected.

Buildings and structures. The Building Official shall make or cause to be made, inspections for buildings and structures in flood hazard areas authorized by permit, in accordance with the building code:

A. Lowest floor elevation. Upon placement of the lowest floor, including the basement, and prior to further vertical construction, certification of the elevation required in the building code shall be prepared by a licensed land surveyor or registered civil engineer and submitted to the building official.

B. Final inspection. Prior to the final inspection, certification of the elevation required in the building code shall be prepared by a licensed land surveyor or registered civil engineer and submitted to the building official.

13.88.030 Designation of the administrator.

Thedirectorofpublicworksandbuildingofficialisappointedtoadministerandimplementthischapterby granting or denying development permit applications in accordance with its provisions. (Ord. 649 § 1 (part), 1982)

13.88.040 Duties and responsibilities.

Duties andresponsibilities ofthe director of public works underthissection shall include but are not necessarily limited to the following:

A. Permit Review. The director shall review all development permit todetermine:

1. The permit requirements of this section have been satisfied:

2. All other required state and federal permits have beenobtained;

3. The site is reasonably safe from flooding;

4. Theproposeddevelopmentdoesnotadverselyaffectthecarryingcapacityofareaswherebase flood elevationshavebeendeterminedbutafloodwayhasnotbeendesignated.Forthepurposesof 30 thissection, “adversely affects” means that the cumulative effect of the proposed development when combined with all other existing and anticipated development will increase the watersurface elevation of the base floodmore than one foot at any point; and

5. All letters of map revision (LOMRs) for flood control projects are approved prior to the issuance of buildingpermits.Buildingpermitsmustnotbeissuedbasedonconditionallettersofmap revision (CLOMRs). Approved CLOMRs allow construction of the proposed flood control project and land preparation as specified in the “start of construction”definition.

B. Development of Substantial Improvement and Substantial DamageProcedures.

1. Using FEMA publication FEMA 213, “Answers to Questions About Substantially Damaged Buildings,” developdetailedproceduresforidentifying andadministering requirementsforsubstantial improvement and substantial damage, to include defining “market value.”

2. Assure procedures arecoordinatedwithother departments/divisions andimplementedby community staff.

C. Review, Use and Development of Other Base Flood Data.

1. When base flood elevation data has not been provided in accordance with Section 13.84.020, the floodplain administrator shall obtain, review, and reasonably utilize any base flood elevation and floodway dataavailablefromfederalorstateagency,orothersource,inordertoadministerChapter

13.92.Anysuch information shall be submitted to thecity of Dinuba for adoption; or

2. If nobasefloodinformationdatais availablefromafederalorstateagencyorothersource,then a base flood elevation shall be obtained using one of the two methodsfromthe 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 Chapter

13.92. a. Simplified Method.
i. One-hundred-year or base flood discharge shall be obtained using the appropriate regression equation found in a U.S. Geological Survey publication, or discharge-drainage area 31 method; and
ii. Base flood elevation shall be obtained using the Quick-2 computer program developed by FEMA; or
b. DetailedMethod.Theone-hundred-yearorbaseflooddischargeandthebaseshallbe obtained using detailedmethodsidentified in FEMA publication 265, published in July 1995 and titled: “Managing FloodplainDevelopmentinApproximateZoneAAreas—AGuideforObtaining andDevelopingBase (100-year) Flood Elevations.”
D. Notification of Other Agencies.

1. Alteration or Relocation of a Watercourse.
a. Notify adjacent communities andthe CaliforniaDepartment of Water Resources prior to alteration or relocation;
b. Submit evidence ofsuch notification to the Federal Emergency Management Agency; and c. Assure thatthe flood carrying capacity within the altered orrelocated portion ofsaid watercourse is maintained.

2. Base flood elevation changes due to physical alterations:
a. Withinsix months ofinformationbecomingavailable or project completion, whichever comes first, thefloodplainadministratorshallsubmitorassurethatthepermit applicantsubmits technicalor scientific data to FEMA for a Letter of Map Revision (LOMR). b. All LOMRs 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 (CLOMRs). Approved CLOMRs allow construction of the proposed flood control project and land preparation as specified in the “start of construction” definition.

Suchsubmissions arenecessary sothatuponconfirmationofthosephysical changesaffecting flooding conditions,risk premiumrates andfloodplainmanagementrequirements are basedon current data.
32 3. ChangesinCorporateBoundaries.NotifyFEMAinwritingwheneverthecorporateboundaries have been modified by annexation or other means and include a copy of a map of the community clearly delineating the newcorporate limits. (Ord. 2009-02 § 2, 2009;Ord. 2003-12 § 1 (part), 2003; Ord. 98-8 § 23, 1998)

13.88.050 Documentation of floodplain development.

Obtain and maintain for public inspection and make available, as needed, the following:

A. The certification required by Sections 13.92.010(C) and 13.92.040. (Ord. 2003-12 § 1 (part), 2003:Ord. 98-8 § 24, 1998; Ord. 711 (part), 1988; Ord. 649 § 1 (part), 1982)

13.88.060 Alteration of Water courses.

The director shall:

A. Notify adjacent communities andthe California Department of Water Resources prior to such alteration or relocation of awatercourse, andsubmit evidence ofsuch notification to the Federal Insurance Administration;
B. Require that the flood-carrying capacity of the altered orrelocated portion ofsaid watercourse is maintained. (Ord. 711 (part), 1988: Ord. 649 § 1 (part), 1982)

13.88.070 Map determinations.

Thedirectorshallmakeinterpretationswhereneeded,astotheexactlocationoftheboundariesoftheareas of special flood hazard. Where there appears to be a conflict between a mapped boundary and actual field conditions, grade and basefloodelevations shall be used to determine the boundaries of the special flood hazard area.Thepersoncontestingthelocationoftheboundaryshallbegivenareasonableopportunityto appealthe interpretation as provided in Section 13.96. (Ord. 2003-12 § I (part), 2003: Ord. 649 § 1 (part), 1982)

13.88.075 Remedy of violations.

The director of public worksshall take action to remedy violations of the ordinance codified in thissection as specified in Section 13.84.030. (Ord. 98-8 § 25, 1998)

13.88.080 Maintenance of flood protection measures.

Themaintenanceofanyandallfloodprotectionmeasures,levees,dikes,damsorreservoirswillberequired 33 of the jurisdiction where such measures provide protection. If these measures are privately owned, an operation or maintenance plan will be required of the ownerto be on file with the director. (Ord. 649 § 1 (part), 1982)

13.88.090 Appeals.

The City Council of Dinuba, as the governing body of the city, shall hear and decide appeals by any party interested in an application made for a development permit under this chapter who is dissatisfied with the decisiononthatapplicationmadebythefloodplainadministratororanyoneactinginhisnameoronhis behalf, particularlywhensuchanappealallegesthattherewasanerrorinanyrequirements,decisionor determination by the floodplain administrator in the enforcement or administrationof any ofthe provisions ofthis division. (Ord. 96-3 § 3, 1996)
34 Chapter 13.92

PROVISIONS FOR FLOOD HAZARD REDUCTION
Sections:

13.92.010 Requirements for buildings and structures in flood hazard areas.

13.92.020 Standards for utilities.

13.92.030 Standards for subdivisions.

13.92.040 Standards for manufactured/mobile homes.

13.92.050 Standards for Detached garages and accessory storage structures.

13.92.060 Standards for recreational vehicles.

13.92.070 Floodways.

13.92.010 Requirements for buildings and structures in flood hazard areas.

Applications for building and structures within the scope of the building code that are proposed in flood hazard areas shall comply with the applicable requirements of the current edition of the building code and ASCE 24.

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

A. Anchoring.

1. All new construction and substantial improvements shall be anchored to prevent flotation, collapse or lateral movement of the structure resulting from hydrodynamic and hydrostatic loads, including the effects of buoyancy.

2. All manufactured homesshall meet the anchoring standards of Section 13.92.040.

B. Construction Materials and Methods.

1. All newconstructionandsubstantial improvementsshall beconstructedwithmaterials and utility equipment resistant to flood damage.

2. All newconstructionandsubstantial improvementsshall beconstructed usingmethods and 35 practices that minimize flood damage.

3. All new construction and substantial improvements shall be constructed with electrical, heating, ventilation, plumbing andair conditioning equipment andotherservice facilitiesthat are designed and/or located so asto prevent waterfromentering or accumulatingwithin the components during conditions of flooding.

4. RequirewithinzonesAHorAOadequatedrainagepathsaroundstructuresonslopestoguide flood waters around and away from proposed structures.

C. Elevation and Floodproofing.

1. Residential property whichis either newly constructedorsubstantially improvedshall havethe lowest floor, including the basement:
a. In anAOzone, elevated in accordance with the current edition of the building code and ASCE 24.
b. In an A zone, elevated to or above the base flood elevation, in accordance with the current edition of the building code and ASCE 24.
c. In all other zones, elevated in accordance with the current edition of the building code and ASCE 24.

Upon completion of the structure, the elevation of the lowest floor (including the basement) shall be certified by a registered professional engineer or surveyor, or verified by the building inspection to the property elevated. Such certification or verification shall be provided to the director of public works.

2. Nonresidential construction shall either be elevated in conformance with subdivision(1) of this subsection, or together with attendant utility and sanitary facilities:
a. Be floodproofed so that belowthe base flood level the structure is watertight with walls substantially impermeable to the passage ofwater; b. Have structural components capable ofresisting hydrostatic and hydrodynamic loads and effects of buoyancy; and
36 c. Be certified by a registered professional engineer or architect that the standards of this subsection are satisfied. Such certification shall be provided to the director of public works.

3. Allnewconstructionandsubstantialimprovementwithfullyenclosedareasbelowthelowest floor (excluding basements) that are usable solely for parking of vehicles, building access orstorage, and which are subject to flooding,shall be designedto automatically equalize hydrostatic flood forces on exterior walls byallowingtheentryandexitoffloodwater.Designsformeetingthisrequirementmust eitherbecertified by a registered professional engineer or architect or exceed the following minimum criteria:
a. Haveaminimumoftwoopeningshavingatotalnetareaofnotlessthanonesquareinchforever squarefootofenclosedareasubjecttoflooding.Thebottomofallopeningsshallbenohigherthan 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 floodwater; or b. Becertifiedtocomply withlocalfloodproofingstandards approvedby theFederalInsurance AdministrationFederal EmergencyManagement Agency.

4. Manufactured homesshall also meet the standardsin Section 13.92.040. (Ord. 98-8 § 26, 1998; Ord. 711 (part), 1988: Ord. 649 § I (part), 1982)

13.92.020 Standards for utilities.

A. All new and replaced sanitary sewer facilities, private sewage treatment plants (including all pumping stations and collector systems) and on-site waste disposal systems shall be designed in accordance with Chapter 7, ASCE 24, to minimize or eliminate infiltration of floodwaters into the facilities and discharge from the facilities into flood waters, and impairment of the facilities and systems.

B. All finalsubdivision plans will provide the elevation of proposed structure(s) and pads. If the site is filled abovethebaseflood,thefinallowestfloorandpadelevationsshallbecertifiedbya registeredprofessional engineer orsurveyor and shall be provided to the director of public works.

The certified project engineershall applyforandsecurelettersofmaprevisionforallnewly constructedhomesinnewsubdivisions,including payment of FEMA fees.

C. Allsubdivision proposals andother proposed newdevelopmentsshall includewithin such proposals base flood elevation data. (Ord. 98-8 § 27, 1998; Ord. 711 (part), 1988: Ord. 649 § 1 (part), 37 1982)
D. Utility and Miscellaneous Group U. Utility and miscellaneous Group U includes buildings that are accessory in character and miscellaneous structures not classified in any specific occupancy in the building code, including, but not limited to, agricultural buildings, aircraft hangars (accessory to a one- or two-family residence), barns, carports, fences more than 6 feet (1829 mm) high, grain silos (accessory to a residential occupancy), greenhouses, livestock shelters, private garages, retaining walls, sheds, stables, and towers. In addition to the building code requirements for fire and life safety, the following shall apply to utility and miscellaneous Group U buildings and structures in flood hazard areas:
(1) New construction and substantial improvement of such buildings and structures shall be anchored to prevent flotation, collapse or lateral movement resulting from flood loads, including the effects of buoyancy, during conditions of the design flood. (2) New construction and substantial improvement of such buildings and structures, when fully enclosed by walls, shall be elevated such that the lowest floor, including basement, is elevated to or above the design flood elevation in accordance with ASCE 24 or shall be dry floodproofed in accordance with ASCE 24.
(3) Unless dry floodproofed, fully enclosed areas below the design flood elevation shall be constructed in accordance with ASCE 24 and limited to parking, storage, and building access. (4) When fully enclosed by walls, flood openings shall be installed in accordance with ASCE 24. (5) Flood damage-resistant materials shall be used below the design flood elevation. (6) Mechanical, plumbing and electrical systems, including plumbing fixtures, shall be built above the design flood elevation or meet the requirements of ASCE 24, except that minimum electric service required to address life safety and electric code requirements is permitted below the design flood elevation provided it conforms to the provisions of the electrical part of the building code for wet locations.

13.92.030 Standards for subdivisions.

A. All newsubdivisions proposals andother proposeddevelopment, includingproposalsfor manufactured home parks and subdivisions, greaterthan fifty lots orfive acres, whicheveristhe lesser,shall:

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

2. Identify the elevations oflowestfloors of all proposed structures andpads onthe final plans. 38 3. If the site is 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.

B. Allfinalsubdivisionplanswillprovidetheelevationofproposedstructure(s)andpads.Ifthesiteisfilled abovethebaseflood,thefinalpadelevationshallbecertifiedbyaregisteredprofessionalengineeror surveyor andshallbeprovidedtothedirectorofthepublicworks.Thecertifiedprojectengineershallapply forandsecure lettersofmaprevisionforallnewlyconstructedhomesinnewsubdivisions,including paymentofFEMAfees.

C. All subdivision proposalsshall be consistent with the need to minimize flood damage.

D. Allsubdivision proposalsshall have public utilities andfacilitiessuch assewer, gas, electrical andwater systems located and constructed to minimize flooddamage.

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

F. New and replacement water supply systems to be designed to minimize or eliminate infiltration of floodwaters into the system shall be required within flood prone areas.

G. Adequate drainage paths around structures on slopes to guide floodwaters around and away from proposed structures shall be required within zones AH and AO. (Ord. 2009-02 § 3, 2009; Ord. 96-3 § 4, 1996; Ord. 711 (part), 1988: Ord. 649 § 1 (part), 1982)

13.92.040 Standards for manufactured/mobile homes.

A. All manufactured homes that are placed or substantially improved, 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 orsubdivision; or (4) in an existing manufactured home park orsubdivision uponwhich amanufactured home hasincurred “substantial 39 damage” asthe result of a flood,shall:

1. Within zones A1-30, AH, and AE on the community’s flood insurance rate map, be elevated on a permanent foundation such that the lowest floor of the manufactured home is elevated to or above the base floodelevationandbesecurelyfastenedtoanadequatelyanchoredfoundationsystemto resistflotation, collapse, and lateral movement.

B. All manufactured homesto be placed orsubstantially improved onsitesin anexistingmanufactured home parkorsubdivisionwithinzonesA1-30,AHorAEonthecommunity’sfloodinsuranceratemap that arenot subject to the provisions ofsubsection (A) of this section, shall be elevated so that either:

1. The lowest floor of the manufactured home is at or above the base flood elevation; or

2. Themanufactured home’s chassisissupported by reinforced piers or otherfoundationelements of at least equivalent strength that are no less than thirty-six inches in height above grade and securely anchored to an adequately anchored foundation system to resist flotation, collapse and lateral movement.

Exception. Where such equipment and appliances are designed and installed to prevent water from entering or accumulating within their components and the systems are constructed to resist hydrostatic and hydrodynamic loads and stresses, including the effects of buoyancy, during the occurrence of flooding up to the elevation required by Section 304-4 or Section 304-5, as applicable, the systems and equipment shall be permitted to be located below that elevation.

Electrical wiring systems shall be permitted below the design flood elevation provided they conform to the provisions of NFPA 70 (National Electric Code). 40 D. All manufactured homes installed in flood hazard areas shall be installed by an installer that is licensed pursuant to the Business and Professions Code and shall comply with the requirements of the Department of Housing and Community Development (HCD) and the requirements of these regulations.

In addition to permits pursuant to these regulations, permits from the HCD are required where the HCD is the enforcement agency for installation of manufactured homes.

E. Enclosures. Fully enclosed areas below elevated manufactured homes shall comply with the enclosed area requirements of Section R322 of the residential code (CCR Title 24 Part 2.5).

F. Flood damage-resistant materials. Materials below elevated manufactured homes shall comply with the flood-damage resistant materials requirements of Section R322 of the residential code (CCR Title 24 Part 2.5).

13.92.050 Detached garages and accessory storage structures. Detached garages and accessory storage structures used only for parking or storage are permitted below the base flood elevation provided the garages and accessory storage structures:

A. Are one story and not larger than 600 square feet in area when located in special flood hazard areas.

B. Are anchored to resist flotation, collapse or lateral movement resulting from flood loads.

C. Have flood openings in accordance with the building code.

D. Have flood damage-resistant materials used below the base flood elevation.

E. Have mechanical, plumbing and electrical

13.92.060 Standards for recreational vehicles.

All recreational vehicles placed on sites within zone A1-30, AH or AE on the community’s flood insurance rate map will either:

A. Be on the site for fewer than one hundred eighty consecutive days;or B. Befully licensedandreadyforhighwayuse.Arecreationalvehicleisreadyforhighwayuseifitison its wheelsorjackingsystem,isattachedtothesitebynomorethanquickdisconnectutilitiesand/or security device, and has no permanently attached additions; or 41 C. Meetthepermitrequirementsof Section13.88.010andtheelevationandanchoring requirementsfor manufactured homesin Section 13.92.040(A). (Ord. 2009-02 § 5, 2009; Ord. 98-8 § 29, 1998; Ord. 96-3 § 6, 1996)

13.92.070 Floodways.

Located within areas of special flood hazard established pursuant to Section 13.84.020 are areas designated as floodways.Sincethefloodwayisanextremelyhazardousareaduetothevelocityoffloodwaterswhich carry debris, potential projectiles, and erosion potential, the following provisions apply:

A. Encroachments, including fill, newconstruction,substantial improvement andother newdevelopment within floodways is prohibited unless certification by a registered professional engineer or architect is provided demonstrating that encroachments shall not result in any increase in the base flood elevation during the occurrence of the base flood discharge.

B. IftherequirementsofSection13.92.060(A)aresatisfied,allnewconstruction,substantial improvement, andother proposed newdevelopmentshall comply with all other applicable flood hazard reduction provisions of this Chapter 13.92. (Ord. 98-8 § 30, 1998 42 Chapter 13.96

VARIANCE PROCEDURE
Sections:

13.96.010 Nature of variance.

13.96.020 Appeal board.

13.96.030 Conditions for variances.

13.96.040 Notice to applicant.

13.96.010 Nature of variance.

Thevariancecriteriasetforthinthis chapter arebasedonthegeneralprincipalofzoninglawthat variances pertaintoapieceofpropertyandarenotpersonalinnature.Avariancemaybegrantedforaparcelof property with physical characteristics so unusual that complying with the requirements of this division would create an exceptional hardshipto the applicant orthe surrounding property owners. The characteristics must be uniqueto 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.

Itisthedutyofthecitytohelpprotectitscitizensfromflooding.Thisneedissocompellingandthe implications of the cost of insuring a structure built belowflood level are so seriousthat variances from the flood elevation or fromotherrequirementsinthefloodordinancearequiterare.Thelong-termgoalof preventingandreducing flood loss and damage can only be met if variances are strictly limited.

Therefore, the variance guidelines providedinthischapteraremoredetailedandcontainmultiple provisionsthatmustbemetbeforeavariance can be properly granted. The criteria are designed to screen out those situations in which alternatives other than a variance are more appropriate. (Ord. 96-3 § 7 (Exh.

B (part)), 1996)

13.96.020 Appeal board.

A. Priorto granting a request for variance,the city shall consider all technical evaluations, allrelevant factors, standards specified in other sections of this division, and the:

1. Danger that materials may be swept onto other lands to the injury ofothers;

2. Danger to life and property due to flooding or erosiondamage; 43 3. Susceptibility of the proposed facility and its contents to flood damage and the effect ofsuch damage on the existing individual owner and future owners of theproperty;

4. Importance of the services provided by the proposed facility to the community;

5. Necessity to the facility of a waterfront location, whereapplicable;

6. Availability of alternative locationsfor the proposeduse which are notsubject to floodingor erosion damage;

7. Compatibility of the proposed use with existing and anticipated development;

8. Relationship of the proposed use to the comprehensive plan and floodplainmanagement program for that area;

9. Safety of access to the property in time of flood for ordinary and emergency vehicles;

10. Expected height, velocity, duration, rate of rise, and sediment transport of the flood waters expected at the site; and

11. Costs of providing governmental services during and after flood conditions, including maintenance andrepairofpublicutilitiesandfacilitiessuchassewer,gas,electrical,andwatersystem, andstreetsand bridges.

B. Any applicant to whoma 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 for one hundred dollars of insurance coverage; and

2. Suchconstructionbelowthebasefloodlevelincreasesriskstolifeandproperty.Itis recommended thatacopyofthenoticeshallberecordedbythefloodplainadministratorintheoffice oftheTulareCounty recorder andshallberecordedinamannersothatit appearsinthechainoftitle oftheaffectedparcelof land.
44 C. Thefloodplainadministrator willmaintaina recordof all varianceactions, includingjustificationfor their issuance and report such variances issued in its biennial report submitted to the Federal Insurance Administration, Federal Emergency Management Agency. (Ord. 96‑3 § 7 (Exh. B (part)), 1996)

13.96.030 Conditions for variance.

A. Generally, variances may be issued for new construction, substantial improvements, and other proposed newdevelopmenttobeerectedonalotofone-halfacreorlessinsizecontiguoustoand surroundedbylotswith existing structures constructed below the base flood level, providing that the procedures of Chapters 13.88 and

13.92 of this division have been fully considered. As the lot size increases beyond one-half acre, the technical justification required for issuing the variance increases.

B. Variancesmaybeissuedfortherepairorrehabilitationofhistoricstructures(asdefinedinChapter

13.80of thisdivision)uponadeterminationthattheproposedrepairorrehabilitationwillnotprecludethe structure’s continued designation as an historic structure and the variance is the minimum necessary to preserve the historic character and design of the structure.

C. Variancesshall not be issued within any mappedregulatory floodway if any increase in flood levels during the base flood discharge wouldresult.

D. Variances shall only be issued upon a determination that the variance is the minimum necessary, consideringthefloodhazard,toaffordrelief.Minimumnecessarymeanstoaffordreliefwith aminimumof deviation from the requirements of this division. For example, in the case of variances to an elevation requirement, this means the city need not grant permission for the applicant to build at grade, or even to whatever elevationthe application proposes, but only to that elevationwhich the city believes will bothprovide relief and preserve the integrity of the local ordinance.

E. Variances shall only be issued upon a:

1. Showingof goodandsufficient cause;

2. Determination that failure to grantthe variance would result in exceptional hardship (as defined in Chapter 13.80 of this division) to the applicant; and 45 3. Determinationthatthe granting of a variancewill notresult inincreasedflood heights, additional threats topublic safety, or extraordinary public expense, createanuisance(as definedin Chapter

13.80ofthis division,see “Public safety and nuisance”), cause fraud or victimization (as defined in Chapter 13.80 of this division) of the public, or conflict with existinglocal laws or ordinances.

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

G. Uponconsideration of the factors of the purpose of this chapter, the city may attach such conditionsto the grantingof variances asit deems necessary to furtherthepurposes ofthis chapter.(Ord. 96-3 §7 (Exh. B (part)), 1996)
H. Agricultural structures. A variance is authorized to be issued for the construction or substantial improvement of agricultural structures that are not elevated or dry floodproofed, provided the requirements of this section are satisfied and:

1. A determination has been made that the proposed agricultural structure:
a. Is used exclusively in connection with the production, harvesting, storage, raising, or drying of agricultural commodities and livestock, or storage of tools or equipment used in connection with these purposes or uses, and will be restricted to such exclusive uses.
b. Has low damage potential.
c. Does not increase risks and pose a danger to public health, safety, and welfare if flooded and contents are released, including but not limited to the effects of flooding on manure storage, livestock confinement operations, liquified natural gas terminals, and production and storage of highly volatile, toxic, or water reactive materials. d. Complies with the wet floodproofing construction requirements of Section 107-8(2), below.

2. Wet floodproofing construction requirements.
a. Anchored to resist flotation, collapse, and lateral movement. 46 b. When enclosed by walls, walls have flood openings that comply with the flood opening requirements of ASCE 24, Chapter 2.
c. Flood damage-resistant materials are used below the base flood elevation. d. Mechanical, electrical, and utility equipment are elevated above the base flood elevation.

13.96.040 Notice to applicant.

Any applicant to whoma variance is granted shall be given written notice over the signature of a community official that:

A. Theissuanceofavariancetoconstructastructurebelowthebasefloodlevelwillresultin increased premiumrates for flood insurance up to amounts as high astwenty-five dollars for one hundred dollars of insurance coverage; and
B. Such construction below the base flood level increases risks to life and property. It is recommended that a copyofthenoticeshallberecordedbythefloodplainadministratorintheOfficeoftheTulareCounty Recorder andshall be recorded in amannerso thatit appearsin the chain oftitle ofthe affectedparcel of land.(Ord. 2009-02 § 6, 2009: Ord. 96-3 § 7 (Exh. B (part)), 1996: Ord. 649 § 1 (part), 1982) 1 ORDINANCE NO. 2022-10

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DINUBA AMENDING AND REORGANIZING TITLE 13 SECTION 76 THROUGH 96 OF THE DINUBA MUNICIPAL CODE PERTAINING TO FLOODPLAIN

MANAGEMENT REGULATIONS
THE CITY COUNCIL OF THE CITY OF DINUBA HEREBY DOES ORDAIN:

SECTION 1. FINDINGS.

1. The City of Dinuba administers a municipal code, including regulations pertaining to floodplain management regulations.

2. The Municipal Code includes Section 13.76 et seq (Floodplain Management Regulations).

SECTION 2. Amendments were made to Title 13, Chapter 76 of the Dinuba Municipal Code pertaining to Floodplain Management Regulations. Sections are also being reorganized according to this ordinance. Text additions are shown in bold underline format. Text deletions are shown in strikeout format.

SECTION 3. SEVERABILITY.

SECTION 4. PUBLICATION OF ORDINANCE.

PASSED, APPROVED AND ADOPTED this _______day of____________, 2022.

AYES:

NOES:

ABSENT:

ABSTAIN:
___________________________________
Linda Launer, Mayor of the City of Dinuba
ATTEST:
__________________________
Maria Alaniz, Interim City Clerk
3 Chapter 13.76

FLOOD DAMAGE PREVENTION
Sections:

13.76.05 Statutory authorization.

13.76.06 Findings of fact.

13.76.010 Purpose.

13.76.020 Methods of reducing flood losses.

13.76.030 Applicability.

13.76.05 Statutory authorization.

13.76.06 Findings of fact.

13.76.010 Purpose.

Itisthepurposeofthisdivisiontopromotethepublichealth,safetyandgeneralwelfare,andtominimize public and private losses due to flood conditions in specific areas by provisions designated:

13.76.020 Methods of reducing flood losses.

In order to accomplish its purpose, this division includes methods and provisions for:

DEFINITIONS
Sections:

13.80.010 Definition interpretation.

13.80.020 Accessory Structure.

13.80.030 Agricultural Structure.

13.80.040 Accessory use.

13.80.050 Alluvial fan.

13.80.060 Alteration of a watercourse.

13.80.070 Apex.

13.80.080 Appeal.

13.80.090 Area of shallow flooding.

13.80.100 Area of special hazard.

13.80.110 ASCE 24.

13.80.120 Base flood.

13.80.130 Basement.

13.80.140 Building.

13.80.150 Building code.

13.80.160 Design flood.

13.80.170 Design flood elevation.
7 13.80.180. Development.

13.80.190 Encroachment.

13.80.200 Existing manufactured home park or subdivision.

13.80.210 Expansion to an existing manufactured home park or subdivision.

13.80.220 Flood, flooding or flood water.

13.80.230 Flood boundary and floodway map (FBFM).

13.80.240 Flood damage-resistant materials.

13.80.250 Flood hazard area.

13.80.260 Flood hazard boundary map.

13.80.270 Flood insurance rate map (FIRM).

13.80.280 Flood insurance study.

13.80.290 Floodplain or flood-prone area

13.80.300 Floodplain administrator.

13.80.310 Floodplain management.

13.80.320 Floodplain management regulations.

13.80.330 Floodproofing.

13.80.340 Floodway.

13.80.350 Floodway encroachment line.

13.80.360 Floodway fringe.

13.80.370 Fraud and victimization.
8 13.80.380 Functionally dependent use.

13.80.390 Governing body.

13.80.400 Hardship.

13.80.410 Highest adjacent grade.

13.80.420 Historic structure.

13.80.430 Letter of Map Change (LOMC).

13.80.440 Levee.

13.80.450 Levee system.

13.80.460 Lowest floor.

13.80.470 Manufactured home.

13.80.480 Manufactured home park or subdivision.

13.80.490 Market value.

13.80.500 Mean sea level.

13.80.510 New construction.

13.80.520 New manufactured home park or subdivision.

13.80.530 Obstruction.

13.80.540 One hundred year flood or 100-year flood.

13.80.550 Permit for floodplain development.

13.80.560 Principal structure.
9 13.80.570 Public safety and nuisance.

13.80.580 Recreational vehicle.

13.80.590 Regulatory floodway.

13.80.600 Remedy a violation.

13.80.610 Riverine.

13.80.620 Sheet flow area.

13.80.630 Special flood hazard area (SFHA).

13.80.640 Start of construction.

13.80.650 Structure.

13.80.660 Substantial damage.

13.80.670 Substantial improvement.

13.80.680 Utility and Miscellaneous Group U

13.80.690 Violation.

13.80.700 Variance.

13.80.710 Water surface elevation.

13.80.720 Watercourse.

13.80.010 Definition interpretation.

13.80.040 Accessory use.
“Accessory use” means a use which isincidental andsubordinate to the principal use of the parcel of land on which it is located. (Ord. 96-3 § 1 (Exh. A (part)), 1996)

A(part)), 1996)
11 13.80.080 Appeal.
“Appeal”means a requestforreviewofthe floodplainadministrator’sinterpretationof any provision ofthis division. (Ord. 96-3 § 1 (Exh. A (part)), 1996)

13.80.090 Area of shallow flooding.
“Areaofshallowflooding”meansadesignatedAOorAHzoneonthefloodinsuranceratemap(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. Such flooding is characterized by ponding or sheet flow. (Ord. 96-3 § 1 (Exh. A (part)), 1996)

13.80.100 Area of special hazard.

See “Special flood hazard area.” (Ord. 96-3 § 1 (Exh. A (part)), 1996)

13.80.130 Basement.
“Basement” means any area of the building having its floor subgrade, i.e., below ground level on all sides. (Ord. 96-3 § 1 (Exh. A (part)), 1996)

13.80.140 Building.

See “Structure.” (Ord. 96-3 § 1 (Exh. A (part)), 1996)

13.80.160 Development.
“Development”meansanyman-made changetoimprovedorunimprovedrealestate,includingbutnot limitedto buildings or otherstructures, mining, dredging,filling, grading, paving, excavationor drilling operations or storage of equipment or materials. (Ord. 96-3 § 1 (Exh. A (part)), 1996)

13.80.210 Expansion to an existing manufactured home park or subdivision. “Expansion to anexistingmanufactured home park orsubdivision” meansthe preparationof additionalsites 13 by the construction of facilitiesforservicing the lots onwhich themanufactured homes are to be affixed (including theinstallationofutilities,theconstructionofstreets,andeitherfinalsitegradingorthepouring ofconcrete pads). (Ord. 96-3 § 1 (Exh. A (part)), 1996)

13.80.220 Flood, flooding or flood water.
“Flood, flooding or flood water” means:

13.80.250 Flood hazard area.
“Flood hazard area” means the greater of the following two areas: [Also defined in CCR Title 24 Part

2.]
(1) The area within a floodplain subject to a 1-percent or greater chance of flooding in any year. (2) The area designated as a flood hazard area on the community’s flood hazard map, or otherwise legally designated.

13.80.260 Flood hazard boundary map.
“Floodhazardboundarymap”meanstheofficialmaponwhichtheFederalEmergencyManagementAgencyor FederalInsuranceAdministrationhasdelineatedtheareaoffloodhazards.(Ord.96-3§1(Exh.A(part)), 1996)
14 13.80.270 Flood insurance rate map (FIRM).
“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. (Ord. 96-3 § 1 (Exh. A (part)), 1996)

13.80.280 Flood insurance study.
“Floodinsurancestudy”meanstheofficialreport providedby the Federal InsuranceAdministrationthatincludes flood profiles, the flood insurance rate map, the flood boundary and floodway map, and the water surface elevation of the base flood. (Ord. 96-3 § 1 (Exh. A (part)), 1996)

13.80.300 Floodplain administrator.
“Floodplainadministrator”meanstheindividual appointedto administer andenforcethefloodplainmanagement regulations. (Ord. 96-3 § 1 (Exh. A (part)), 1996)

13.80.330 Floodproofing.
“Floodproofing”means any combinationofstructural andnonstructural additions, changes,or adjustmentsto structures which reduce or eliminate flood damage to real estate or improved real property, water and sanitary 15 facilities, structures, and their contents. (Ord. 96-3 § 1 (Exh. A (part)), 1996)

13.80.340 Floodway.
“Floodway”meansthechannelofariverorotherwatercourseandtheadjacentlandareasthatmustbe reserved inordertodischargethebasefloodwithoutcumulativelyincreasingthewatersurfaceelevation morethanone foot. Also referred to as “regulatory floodway.” (Ord. 96-3 § 1 (Exh. A (part)), 1996)

13.80.350 Floodway encroachment line.
“Floodway encroachment line” meansthe lines marking the limits of floodways onfederal,state andlocal floodplain maps. (Ord. 96-3 § 1 (Exh. A (part)), 1996)

13.80.360 Floodway fringe.
“Floodway fringe” meansthat area of the floodplain on eitherside of the regulatory floodway where encroachment may be permitted. (Ord. 96-3 § 1 (Exh. A (part)), 1996)

13.80.390 Governing body.
“Governing body” means the local governing unit, i.e., county or municipality, that is empowered to adopt and 16 implementregulationstoprovideforthepublichealth,safetyandgeneralwelfareofits citizenry.(Ord.96-3§ 1 (Exh. A (part)), 1996)

13.80.400 Hardship.
“Hardship” asrelated to Section 13.96.030(E) of this divisionmeansthe exceptional hardship that would result fromafailuretogranttherequestedvariance.Thecityrequiresthatthevariancebeexceptional,unusual,and peculiarto the property involved. Mere economic orfinancial hardship aloneis not exceptional. Inconvenience, aestheticconsiderations,physicalhandicaps,personalpreferences,orthedisapprovalofone’sneighbors likewisecannot,asarule,qualifyasanexceptionalhardship.Alloftheseproblemscanberesolvedthrough othermeanswithoutgrantingavariance,evenifthealternativeismoreexpensive,orrequirestheproperty ownertobuildelsewhereor puttheparceltoadifferent usethanoriginally intended.(Ord. 96-3§ I(Exh. A (part)), 1996)

13.80.420 Historic structure.
“Historic structure” means any structure that is:

13.80.430 Letter of map change (LOMC).
“Letter of Map Change (LOMC)” means an official determination issued by FEMA that amends or revises an effective Flood Insurance Rate Map or Flood Insurance Study. Letters of Map Change include:
(1) Letter of Map Amendment (LOMA): An amendment based on technical data showing that a property was incorrectly included in a designated special flood hazard area. A LOMA amends the current effective Flood Insurance Rate Map and establishes that a specific property, portion of a property, or structure is not located in a special flood hazard area. (2) Letter of Map Revision (LOMR): A revision based on technical data that may show changes to flood zones, flood elevations, special flood hazard area boundaries and floodway delineations, and other planimetric features.
(3) Letter of Map Revision Based on Fill (LOMR-F): A determination that a structure or parcel of land has been elevated by fill above the base flood elevation and is, therefore, no longer located within the special flood hazard area. In order to qualify for this determination, the fill must have been permitted and placed in accordance with the community’s floodplain management regulations.
(4) Conditional Letter of Map Revision (CLOMR): A formal review and comment as to whether a proposed flood protection project or other project complies with the minimum NFIP requirements for such projects with respect to delineation of special flood hazard areas. A CLOMR does not revise the effective Flood Insurance Rate Map or Flood Insurance Study; upon submission and approval of certified as-built documentation, a Letter of Map Revision may be issued by FEMA to revise the effective FIRM.

1. The wet floodproofing standard in Section 13.92.010(C)(4);

2. The anchoring standards in Section 13.92.010;

3. The construction materials and methods standards in Section13.92.010.

13.80.490 Market value.

Market value shall be determined by estimating the cost to replace the structure in new condition and adjusting that costbytheamountofdepreciation,whichhasaccruedsincethestructurewas constructed.

13.80.540 One hundred year flood or 100-year flood.

See “Base flood.” (Ord. 96-3 § I (Exh. A (part)), 1996)

13.80.550__ Permit for floodplain development.
“Permit for floodplain development” means an official document or certificate issued by the community, or other evidence of approval or concurrence, which authorizes performance of specified 20 development activities that are located in flood hazard areas and that are determined to be compliant with these regulations.

13.80.560 Principal structure.
“Principalstructure” means a structure usedforthe principal use ofthe property as distinguishedfroman accessory use. (Ord. 96-3 § 1 (Exh. A (part)), 1996)

13.80.580 Recreational vehicle.
“Recreational vehicle” means a vehicle which is:

13.80.610 Riverine.
“Riverine” meansrelating to, formed by, orresembling a river (including tributaries),stream, brook, etc. (Ord. 963 § I (Exh. A (part)), 1996)

13.80.620 Sheet flow area.

See “Area of shallow flooding.” (Ord. 96-3 § I (Exh. A (part)), 1996)

13.84.010 Lands to which Division 3 of Title 13 applies.

13.84.020 Basis for establishing the areas of special flood hazard.

13.84.030 Compliance.

13.84.040 Abrogation and greater restrictions.

13.84.050 Interpretation.

13.84.060 Warning and disclaimer of liability.

13.84.070 Severability.

13.84.010 Lands to which Division 3 of Title 13 applies.

Division3of Title13shall applytoall areasofspecialfloodhazardswithinthejurisdictionofthecity. (Ord. 98-8 § 21 (part), 1998; Ord. 711 (part), 1988: Ord. 649 § 1 (part), 1982)

13.84.020 Basis for establishing the areas of special flood hazard.

13.84.030 Compliance.

No structure or land shall hereafter be constructed, located, extended, converted, or altered without full compliance with the terms of Division 3 of Title 13 andother applicable regulations. Violations ofthe 25 provisions of Division 3 of Title 13 by failure to comply with any of itsrequirements(including violations of conditions and safeguards established in connection with conditions) shall constitute a misdemeanor.

Nothing herein shall preventthecity fromtakingsuchlawfulactionasisnecessary topreventorremedy anyviolation.(Ord.98-8
§ 21 (part), 1998; Ord. 711 (part), 1988: Ord. 649 § l (part), 1982)

13.84.040 Abrogation and greater restrictions.

13.84.050 Interpretation.

In the interpretation and application of Division 3 of Title 13 all provisions shall be:

13.84.060 Warning and disclaimer of liability.

ADMINISTRATION
Sections:

13.88.010 Establishment of development permit.

13.88.020 Inspections.

13.88.03020 Designation of the administrator.

13.88.04030 Duties and responsibilities.

13.88.05040 Documentation of floodplain development.

13.88.06050 Alteration of Water courses

13.88.07060 Map determinations.

13.88.07565 Remedy of violations.

13.88.08070 Maintenance of flood protection measures.

13.88.09080 Appeals.

13.88.010 Establishment of development permit.

Specifically, the following information is required.

A. Site plan, including but not limited to:

2. Proposed locations of water supply, sanitary sewer, and utilities;

3. If available, the baseflood elevation from the Flood Insurance Study and/or Flood Insurance Rate Map; and

4. If applicable, the location of the regulatory floodway;.

B. Foundation design detail, including but not limited to:

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

2. For a crawl-space foundation, location and total net area of foundation openings asrequired in Section 13.92.010(C)(3) and FEMA Technical Bulletins 1-93 and 7-93; and

3. For foundations placed on fill, the location and height of fill, and requirements(compacted to ninetyfive percent using the Standard Proctor Test method).

13.88.020 Inspections.

13.88.03020 Designation of the administrator.

13.88.04030 Duties and responsibilities.

Duties andresponsibilities ofthe director of public works underthissection shall include but are not necessarily limited to the following:

A. Permit Review. The director shall review all development permit todetermine:

1. The permit requirements of this section have been satisfied:

2. All other required state and federal permits have beenobtained;

3. The site is reasonably safe from flooding;

4. Theproposeddevelopmentdoesnotadverselyaffectthecarryingcapacityofareaswherebase 30 flood elevationshavebeendeterminedbutafloodwayhasnotbeendesignated.Forthepurposesof thissection, “adversely affects” means that the cumulative effect of the proposed development when combined with all other existing and anticipated development will increase the watersurface elevation of the base floodmore than one foot at any point; and

B. Development of Substantial Improvement and Substantial DamageProcedures.

2. Assure procedures arecoordinatedwithother departments/divisions andimplementedby community staff.

C. Review, Use and Development of Other Base Flood Data.

13.92.Anysuch information shall be submitted to thecity of Dinuba for adoption; or

13.92. a. Simplified Method.
i. One-hundred-year or base flood discharge shall be obtained using the appropriate 31 regression equation found in a U.S. Geological Survey publication, or discharge-drainage area method; and
ii. Base flood elevation shall be obtained using the Quick-2 computer program developed by FEMA; or
b. DetailedMethod.Theone-hundred-yearorbaseflooddischargeandthebaseshallbe obtained using detailedmethodsidentified in FEMA publication 265, published in July 1995 and titled: “Managing FloodplainDevelopmentinApproximateZoneAAreas—AGuideforObtaining andDevelopingBase (100-year) Flood Elevations.”
D. Notification of Other Agencies.

Suchsubmissions arenecessary sothatuponconfirmationofthosephysical changesaffecting flooding conditions,risk premiumrates andfloodplainmanagementrequirements are basedon 32 current data.

3. ChangesinCorporateBoundaries.NotifyFEMAinwritingwheneverthecorporateboundaries have been modified by annexation or other means and include a copy of a map of the community clearly delineating the newcorporate limits. (Ord. 2009-02 § 2, 2009;Ord. 2003-12 § 1 (part), 2003; Ord. 98-8 § 23, 1998)

13.88.05040 Documentation of floodplain development.

Obtain and maintain for public inspection and make available, as needed, the following:

A. The certification required by Sections 13.92.010(C) and 13.92.040. (Ord. 2003-12 § 1 (part), 2003:Ord. 98-8
§ 24, 1998; Ord. 711 (part), 1988; Ord. 649 § 1 (part), 1982)

13.88.06050 Alteration of Water courses.

The director shall:

13.88.07060 Map determinations.

13.88.07565 Remedy of violations.

The director of public worksshall take action to remedy violations of the ordinance codified in thissection as specified in Section 13.84.030. (Ord. 98-8 § 25, 1998)
33 13.88.08070 Maintenance of flood protection measures.

Themaintenanceofanyandallfloodprotectionmeasures,levees,dikes,damsorreservoirswillberequired of the jurisdiction where such measures provide protection. If these measures are privately owned, an operation or maintenance plan will be required of the ownerto be on file with the director. (Ord. 649 § 1 (part), 1982)

13.88.09080 Appeals.

PROVISIONS FOR FLOOD HAZARD REDUCTION
Sections:

13.92.010 Requirements for buildings and structures in flood hazard areas. Standards of construction.

13.92.020 Standards for utilities.

13.92.030 Standards for subdivisions.

13.92.040 Standards for manufactured/mobile homes.

13.92.050 Standards for Detached garages and accessory storage structures.

13.92.06050 Standards for recreational vehicles.

13.92.07060 Floodways.

13.92.010 Requirements for buildings and structures in flood hazard areas. Standards of construction.

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

A. Anchoring.

2. All manufactured homesshall meet the anchoring standards of Section 13.92.040.

B. Construction Materials and Methods.

1. All newconstructionandsubstantial improvementsshall beconstructedwithmaterials and utility equipment resistant to flood damage.
35 2. All newconstructionandsubstantial improvementsshall beconstructed usingmethods and practices that minimize flood damage.

4. RequirewithinzonesAHorAOadequatedrainagepathsaroundstructuresonslopestoguide flood waters around and away from proposed structures.

C. Elevation and Floodproofing.

1. Residential property whichis either newly constructedorsubstantially improvedshall havethe lowest floor, including the basement:
a. In anAOzone, elevated above the highest adjacent grade to a height equalto or exceeding the depthnumberspecified infeetontheFIRM, orelevatedatleasttwofeet abovethehighest adjacent grade, if no depth number is specified. in accordance with the current edition of the building code and ASCE 24.
b. In an A zone, elevated to or above the base flood elevation, as determined by the City in accordance with the current edition of the building code and ASCE 24. c. In all other zones, elevated to or above the base flood elevation. in accordance with the current edition of the building code and ASCE 24.

2. Nonresidential construction shall either be elevated in conformance with subdivision(1) of this subsection, or together with attendant utility and sanitary facilities:
a. Be floodproofed so that belowthe base flood level the structure is watertight with walls substantially impermeable to the passage ofwater; 36 b. Have structural components capable ofresisting 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 certification shall be provided to the director of public works.

4. Manufactured homesshall also meet the standardsin Section 13.92.040. (Ord. 98-8 § 26, 1998; Ord. 711 (part), 1988: Ord. 649 § I (part), 1982)

13.92.020 Standards for utilities.

Allnewandreplacementwatersupplyandsanitarysewagesystemsshallbedesignedtominimizeor eliminateinfiltrationoffloodwatersintothesystemanddischargefromsystemsintofloodwaters.

B. All finalsubdivision plans will provide the elevation of proposed structure(s) and pads. If the site is 37 filled abovethebaseflood,thefinallowestfloorandpadelevationsshallbecertifiedbyaregistered professional engineer orsurveyor and shall be provided to the director of public works. The certified project engineershall applyforandsecurelettersofmaprevisionforallnewlyconstructedhomesinnew subdivisions,including payment of FEMA fees.

C. Allsubdivision proposals andother proposed newdevelopmentsshall includewithin such proposals base flood elevation data. (Ord. 98-8 § 27, 1998; Ord. 711 (part), 1988: Ord. 649 § 1 (part),1982) D. Utility and Miscellaneous Group U. Utility and miscellaneous Group U includes buildings that are accessory in character and miscellaneous structures not classified in any specific occupancy in the building code, including, but not limited to, agricultural buildings, aircraft hangars (accessory to a one- or two-family residence), barns, carports, fences more than 6 feet (1829 mm) high, grain silos (accessory to a residential occupancy), greenhouses, livestock shelters, private garages, retaining walls, sheds, stables, and towers. In addition to the building code requirements for fire and life safety, the following shall apply to utility and miscellaneous Group U buildings and structures in flood hazard areas:
(1) New construction and substantial improvement of such buildings and structures shall be anchored to prevent flotation, collapse or lateral movement resulting from flood loads, including the effects of buoyancy, during conditions of the design flood. (2) New construction and substantial improvement of such buildings and structures, when fully enclosed by walls, shall be elevated such that the lowest floor, including basement, is elevated to or above the design flood elevation in accordance with ASCE 24 or shall be dry floodproofed in accordance with ASCE 24.
(3) Unless dry floodproofed, fully enclosed areas below the design flood elevation shall be constructed in accordance with ASCE 24 and limited to parking, storage, and building access. (4) When fully enclosed by walls, flood openings shall be installed in accordance with ASCE 24. (5) Flood damage-resistant materials shall be used below the design flood elevation. (6) Mechanical, plumbing and electrical systems, including plumbing fixtures, shall be built above the design flood elevation or meet the requirements of ASCE 24, except that minimum electric service required to address life safety and electric code requirements is permitted below the design flood elevation provided it conforms to the provisions of the electrical part of the building code for wet locations.

13.92.030 Standards for subdivisions.

A. All newsubdivisions proposals andother proposeddevelopment, includingproposalsfor 38 manufactured home parks and subdivisions, greaterthan fifty lots orfive acres, whicheveristhe lesser,shall:

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

2. Identify the elevations oflowestfloors of all proposed structures andpads onthe final plans.

3. If the site is 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.

C. All subdivision proposalsshall be consistent with the need to minimize flood damage.

D. Allsubdivision proposalsshall have public utilities andfacilitiessuch assewer, gas, electrical andwater systems located and constructed to minimize flooddamage.

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

F. New and replacement water supply systems to be designed to minimize or eliminate infiltration of floodwaters into the system shall be required within flood prone areas.

1. The lowest floor of the manufactured home is at or above the base flood elevation; or

Uponcompletion of the structure, the elevation of the lowest floor including basementshall be certified by a registered civil engineer or licensed land surveyor, and verified by the community building inspector to be properly elevated. Such certification and verification shall be provided to the floodplain administrator. (Ord. 2009-02 § 4, 2009; Ord. 98-8 § 28, 1998; Ord. 96-3 § 5, 1996) C. Protection of mechanical equipment and outside appliances. Mechanical equipment and outside appliances shall be elevated to or above the lowest floor or bottom of the lowest horizontal structural member of the manufactured home, as applicable to the flood hazard area. 40 Exception. Where such equipment and appliances are designed and installed to prevent water from entering or accumulating within their components and the systems are constructed to resist hydrostatic and hydrodynamic loads and stresses, including the effects of buoyancy, during the occurrence of flooding up to the elevation required by Section 304-4 or Section 304- 5, as applicable, the systems and equipment shall be permitted to be located below that elevation. Electrical wiring systems shall be permitted below the design flood elevation provided they conform to the provisions of NFPA 70 (National Electric Code).

D. All manufactured homes installed in flood hazard areas shall be installed by an installer that is licensed pursuant to the Business and Professions Code and shall comply with the requirements of the Department of Housing and Community Development (HCD) and the requirements of these regulations. In addition to permits pursuant to these regulations, permits from the HCD are required where the HCD is the enforcement agency for installation of manufactured homes.

E. Enclosures. Fully enclosed areas below elevated manufactured homes shall comply with the enclosed area requirements of Section R322 of the residential code (CCR Title 24 Part 2.5).

A. Are one story and not larger than 600 square feet in area when located in special flood hazard areas.

B. Are anchored to resist flotation, collapse or lateral movement resulting from flood loads.

C. Have flood openings in accordance with the building code.

D. Have flood damage-resistant materials used below the base flood elevation.

E. Have mechanical, plumbing and electrical

13.92.06050 Standards for recreational vehicles.

All recreational vehicles placed on sites within zone A1-30, AH or AE on the community’s flood insurance rate map will either:
41 A. Be on the site for fewer than one hundred eighty consecutive days;or B. Befully licensedandreadyforhighwayuse.Arecreationalvehicleisreadyforhighwayuseifitison its wheelsorjackingsystem,isattachedtothesitebynomorethanquickdisconnectutilitiesand/or security device, and has no permanently attached additions; or C. Meetthepermitrequirementsof Section13.88.010andtheelevationandanchoring requirementsfor manufactured homesin Section 13.92.040(A). (Ord. 2009-02 § 5, 2009; Ord. 98-8 § 29, 1998; Ord. 96-3 § 6, 1996)