Ordinance XX-2023 Page 1 of 8
ORDINANCE NO. XX-2023
AN ORDINANCE OF THE CITY OF FREMONT AMENDING TITLE 18
(PLANNING AND ZONING) CHAPTER 18.200 (FLOOD DAMAGE
PREVENTION) OF THE FREMONT MUNICIPAL CODE TO AMEND
DEFINITIONS, PROCEDURES, AND STANDARDS RELATED TO BOTH
DEVELOPMENT AND USE OF PROPERTY WITHIN THE CITY, AND A
ZONING MAP AMENDMENT TO REZONE CERTAIN PROPERTY
WITHIN THE CITY TO PROVIDE CONFORMITY WITH THE
GENERAL PLAN LAND USE MAP.
THE CITY COUNCIL OF THE CITY OF FREMONT DOES ORDAIN AS FOLLOWS:
SECTION 1. FMC SECTION 18.200.050, AMENDED
Fremont Municipal Code Section 18.200.050 is amended to read as follows:
Sec. 18.200.050 Definitions.
Unless specifically defined below, words or phrases used in this chapter shall be interpreted so as to give them the meanings they have in common usage and to give this chapter its most reasonable application. As used in this chapter, and notwithstanding any other definitions in this Title 18, the following terms shall have the following meanings:
[Definitions “Appeal” through “flood or flooding” are unchanged.]
“Flood boundary and floodway map” means the official map on which the Federal Emergency Management Agency or Federal Insurance Administration has delineated both the areas of flood hazard and the floodway.
“Flood 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 city. “Flood insurance study” means the official report provided by the Federal Insurance Management Agency Administration that includes flood profiles, the FIRM, the flood boundary and floodway map, and the water surface elevation of the base flood. [Definitions “Floodplain or flood-prone area” through “violation” are unchanged.]
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SECTION 2. FMC SECTION 18.200.070, AMENDED
Fremont Municipal Code Section 18.200.070 is amended to read as follows:
Sec. 18.200.070 Administration.
[Sections (a) through (b) are unchanged.]
(c) Duties and Responsibilities of the Floodplain Administrator. The duties and responsibilities of the floodplain administrator shall include but not be limited to:
[Sections (c)(1) through (c)(2) are unchanged.]
(3) Notification of Other Agencies.
(A) Whenever a watercourse is to be altered or relocated:
(i) Notify adjacent communities and the California Department of Water Resources prior to such alteration or relocation of a watercourse, and submit evidence of such notification to the Federal Insurance Administration;
(ii) Require that the flood-carrying capacity of the altered or relocated portion of said watercourse is maintained.
(B) Base Require applicants who submit hydrologic and hydraulic engineering analyses to support permit applications to submit to FEMA the data and information necessary to maintain the Flood Insurance Rate Maps when the analyses propose to change base flood elevations, flood hazard area boundaries, or floodway designations; such submissions shall be made within 6 months of such data becoming available.
Flood Elevation Changes Due to Physical Alterations. If physical alterations result in changes to the base flood elevations as shown on the FIRMs, then within six months of the information becoming available or project completion, whichever comes first, the floodplain administrator shall submit or assure that the permit applicant submits technical or scientific data to FEMA for a letter of map revision (LOMR).
Such submissions are necessary so that upon confirmation of those physical changes affecting flooding conditions, risk premium rates and floodplain management requirements are based on current data.
[Sections (c)(4) through (c)(5) are unchanged.]
( 6 ) - Substantial improvement and substantial damage determinations. For applications for building permits to improve buildings and structures, including alterations, movement, repair, additions, rehabilitations, renovations, substan tial improvements, repairs of substantial damage, and any other improvement of or work on such buildings and structures, the Floodplain Administrator, in coordination with the Building Official, shall:
(A) Estimate the market value, or require the applicant to obtain a professional appraisal prepared by a qualified independent appraiser, of the market value of the Ordinance XX-2023 Page 3 of 8
building or structure before the start of construction of the proposed work; in the case of repair, the market value of the building or structure shall be the market value before the damage occurred and before any repairs are made.
(B) Compare the cost to perform the improvement, the cost to repair the damaged building to its pre-damaged condition, or the combined costs of improvements and repairs, where applicable, to the market value of the building or structure.
(C) Determine and document whether the proposed work constitutes substantial improvement or repair of substantial damage.
(a)(D) Notify the applicant when it is determined that the work constitutes substantial improvement or repair of substantial damage and that compliance with the flood resistant construction requirements of the building code is required and notify the applicant when it is determined that work does not constitute substantial improvement or repair of substantial damage.
(67) Take action to remedy violations of this chapter as specified in Section 18.200.060(c). (Ord. 1829 § 1, 7-26-88; Ord. 2396 § 2, 9-5-00; Ord. 27-2016 § 35, 12-6-16. 1990 Code § 8- 8106.)
SECTION 3. FMC SECTION 18.200.080, AMENDED
Fremont Municipal Code Section 18.200.080 is amended to read as follows:
Sec. 18.200.080 Provisions for flood hazard reduction.
(a) Standards of Construction. In all areas of special flood hazards, the following standards are required:
[Sections (a)(1) through (a)(2) are unchanged.]
(3) Elevation and Floodproofing.
(A) New construction and substantial improvement of any structure shall have the lowest floor, including basement, elevated to the minimum elevation of the lowest floor as required by the Fremont Building Standards Code (Chapter 15. 1005) but no lower than at one foot or above the base flood elevation. Residential structures shall have the lowest point of the finished pad elevated to or above the base flood elevation plus one foot. Nonresidential structures may meet the standards in subsection (a)(3)(C) of this section. Upon completion of the structure, the elevation of the lowest floor, including basement, shall be certified by a registered professional engineer or surveyor and verified by the floodplain administrator to be properly elevated. (B) New construction and substantial improvement of any structure in zone AO shall have the lowest floor, including basement, elevated above the highest adjacent grade at least as high as the depth number specified in feet on the FIRM plus one foot of freeboard, or Ordinance XX-2023 Page 4 of 8
at least two three feet if no depth number is specified. Nonresidential structures may meet the standards in subsection (a)(3)(C) of this section. Upon the completion of the structure, the elevation of the lowest floor, including basement, shall be certified by a registered professional engineer or surveyor or verified by the floodplain administrator to be properly elevated.
(C) Nonresidential construction shall either be elevated in conformance with subsection (a)(3)(A) or (B) of this section or, together with attendant utility and sanitary facilities:
(i) Be floodproofed so that below one foot above the base flood level elevation the structure is watertight with walls substantially impermeable to the passage of water; (ii) Have structural components capable of resisting hydrostatic and hydrodynamic loads and effects of buoyancy; and
(iii) Be certified by a registered professional engineer or architect that the standards of this subsection are satisfied. Such certification shall be provided to the floodplain administrator.
(D) Require, for all new nonresidential construction and substantial improvements, that fully enclosed areas below the lowest floor that are subject to flooding shall be designed to automatically equalize hydrostatic flood forces on exterior walls by allowing for the entry and exit of floodwaters. Designs for meeting this requirement must either be certified by a registered professional engineer or architect or meet or exceed the following minimum criteria:
(i) Either a minimum of two openings having a total net area of not less than one square inch for every square foot of enclosed area subject to flooding shall be provided; the bottom of all openings shall be no higher than one foot above grade; openings may be equipped with screens, louvers, valves or other coverings or devices; provided, that they permit the automatic entry and exit of floodwaters; or (ii) Be certified to comply with a local floodproofing standard approved by the Federal Insurance Administration.
[Sections (a)(3)(E) through (a)(3)(F) and (b) are unchanged.] (c) Standards for Subdivisions and Other Proposed Development. (1) The requirements of this subsection (c) apply (1) to all proposed new subdivisions of all lot sizes and (2) to all other proposed development on parcels greater than five acres.
New proposals shall:
(A) Identify the flood hazard area and the elevation of the base flood. (B) Identify the elevations of the lowest floor of all proposed structure(s) and pads on the final plans. If the site is filled above the base flood, the final pad elevation shall be Ordinance XX-2023 Page 5 of 8
certified by a registered professional engineer or surveyor and provided to the floodplain administrator.
(C) Be consistent with the need to minimize flood damage. (D) Have public utilities and facilities such as sewer, gas, electrical and water systems located and constructed to minimize flood damage.
(E) Provide adequate drainage to reduce exposure to flood hazards. (d) Standards for Manufactured Homes. All new and replacement manufactured homes and additions to manufactured homes shall:
(1) Be elevated so that the lowest floor meets the minimum elevation of the lowest floor as required by the Fremont Building Standards Code (Chapter 15. 10 05) but no lower than at or one foot above the base flood elevation; and
(2) Be securely anchored to a permanent foundation system to resist flotation, collapse or lateral movement.
[Section (e) remains unchanged.]
(f) Coastal High-Hazard Areas. Within coastal high-hazard areas established in Section
18.200.060(b), the following standards shall apply:
(1) All new construction and substantial improvements shall be elevated on adequately anchored pilings or columns and securely anchored to such pilings or columns so that the lowest horizontal portion of the structural members of the lowest floor (excluding the pilings or columns) meets the minimum elevation as required by the Fremont Building Standards Code (Chapter 15.10 05) but no lower than at or one foot above the base flood elevation. The pile or column foundation and structure attached thereto shall be anchored to resist flotation, collapse, and lateral movement due to the effects of wind and water loads acting simultaneously on all building components. Water loading and wind loading values used shall be those associated with the base flood. Wind loading values used shall be those required by applicable state building standards and the Fremont Building Standards Code (Chapter 15.10 05).
(2) All new construction shall be located on the landward side of the reach of mean high tide.
(3) All new construction and substantial improvements shall have the space below the lowest floor free of obstructions or constructed with breakaway walls. Such temporarily enclosed space shall not be used for human habitation.
(4) Fill shall not be used for structural support of buildings. (5) Manmade alteration of sand dunes which would increase potential flood damage is prohibited.
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(6) The floodplain administrator shall obtain and maintain the following records:
(A) Certification by a registered engineer or architect that a proposed structure complies with subsection (f)(1) of this section.
(B) The elevation (in relation to mean sea level) of the bottom of the lowest structural member of the lowest floor (excluding pilings or columns) of all new and substantially improved structures, and whether such structures contain a basement. [Section (g) remains unchanged.]
SECTION 4. FMC SECTION 18.200.090, AMENDED
Fremont Municipal Code Section 18.200.090 is amended to read as follows:
Sec. 18.200.090 Appeal procedure.
(a) Appeal Board.
[Sections (a)(1) through (a)(3) are unchanged.]
(4)Generally, variances may be issued for new construction and substantial improvements to be erected on a lot of one-half acre or less in size contiguous to and surrounded by lots with existing structures constructed below the base flood level, providing subsections (a)(3)(A) through (K) of this section have been fully considered. As the lot size increases beyond one- half acre, the technical justification required for issuing the variance increases. (45) Upon consideration of the factors of subsection (a)(3) of this section and the purposes of this chapter, the city council may attach such conditions to the granting of variances as it deems necessary to further the purposes of this chapter. (56) The floodplain administrator shall maintain the records of all appeal actions and report any variances to the Federal Insurance Administration upon request. [Section (b) is unchanged.]
SECTION 5. CEQA
The City Council finds that this ordinance is exempt from the requirements of the California Environmental Quality Act (CEQA) per, without limitation, each as a separate and independent basis, (1) CEQA Guidelines Section 15378(b), as an administrative and/or fiscal activity that does not involve commitment to a specific project that will result in any significant physical impact on the environment); (2) CEQA Guidelines Section 15061(b)(3) in that it can be seen with certainty that there is no possibility that the amendments will have the potential for causing a significant effect on the environment; and (3) CEQA Guidelines Section 15305, as a minor alteration in land use limitations which does not result in a change to land use or density. The City Council therefore directs that a Notice of Exemption be filed in compliance with CEQA regulations.
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SECTION 6. SEVERABILITY
If any section, subsection, sentence, clause or phrase of this ordinance is for any reason held by a court of competent jurisdiction to be invalid, such a decision shall not affect the validity of the remaining portions of this ordinance. The City Council of the City of Fremont hereby declares that it would have passed this ordinance and each section or subsection, sentence, clause and phrase thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses or phrases be declared invalid.
SECTION 7. EFFECTIVE DATE
This Ordinance shall take effect and will be enforced thirty (30) days after its adoption.
SECTION 8. PUBLICATION AND POSTING
The City Clerk has prepared and published at least five days before the date of adoption a summary of this ordinance once in a newspaper of general circulation printed and published in Alameda County and circulated in the City of Fremont. A certified copy of the full text of the ordinance was posted in the office of the City Clerk since at least five days before this date of adoption. Within 15 days after adoption of this ordinance, the City Clerk shall cause the summary to be published again with the names of those City Council members voting for and against the ordinance and shall post in the office of the City Clerk a certified copy of the full text of this adopted ordinance with the names of those City Council members voting for and against the ordinance.
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The foregoing ordinance was introduced before the City Council of the City of Fremont at the regular meeting of the City Council, held on the ____ day of ___, ____, and finally adopted at a regular meeting of the City Council held on the ___ day of ___, ____, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
_________________________________
Mayor
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ATTEST:
__________________________________
City Clerk
APPROVED AS TO FORM:
____________________________________
City Attorney