APPROVED AS TO FORM AND LEGALITY
___________________________
CITY ATTORNEY’S OFFICE
OAKLAND CITY COUNCIL
ORDINANCE NO. ________________ C.M.S.
AN ORDINANCE: (1) REPEALING ORDINANCE NO. 12960 C.M.S. AND
REPLACING IT WITH THE ADDITION OF OAKLAND MUNICIPAL
CODE (O.M.C.) CHAPTER 15.80 TO SERVE AS THE CITY’S NEW
FLOODPLAIN MANAGEMENT ORDINANCE WITH THE INCLUS ION
OF REFERENCES TO FLOOD HAZARD MAPS ; (2) AUTHRORIZING
THE CITY ADMINISTRATOR TO DESIGNATE A FLOODPLAIN
ADMINISTRATOR TO ADMINISTER AND DEVELOP REGULATIONS
IN SUPPORT OF THE CHAPTER; AND (3) ADOPTING APPROPRIATE
CALIFORNIA ENVIRONMENTAL QUALITY ACT FINDINGS
WHEREAS, pursuant to Government Code Sections 65302, 65560, and 65800, the Legislature of the State of California has conferred upon local governments the authority to adopt regulations designed to promote the public health, safety, and general welfare of its citizenry; and
WHEREAS, the Federal Emergency Management Agency (“FEMA”) has identified special flood hazard areas within the City of Oakland (“City”) where there is a possibility of loss of life and property, health and safety hazards, disruption of commerce and governmental services, extraordinary public expenditures for flood protection and relief, and impairment of the tax base, all of which adversely affect the public health, safety and general welfare, and
WHEREAS, the City was accepted for participation in the National Flood Insurance Program on September 30, 1982 December 4, 1970; and
WHEREAS, the City Council desires to continue to meet the requirements of Title 44 Code of Federal Regulations, Sections 59 and 60, necessary for such participation; and
WHEREAS, pursuant to the California Health and Safety Code, Division 13, Part 1.5 and Part 2.5, the City is required to administer and enforce the California Building Standards Code (“Building Code”) , and specifically those sections of the Building Code that contain certain provisions that apply to the design and construction of buildings and structures in the City’s flood hazard areas; and
WHEREAS, the City Council has determined that it is in the public interest to adopt the
2 proposed floodplain management regulations that are contained in the California Building Standards Code; and
WHEREAS, the City recognizes that there may be certain circumstances when a variance may be granted for a parcel of property with physical characteristics so unusual that complying with the requirements of this ordinance would create an exceptional hardship to the applicant or the surrounding property owners. In such cases, the City shall find, based on substantial evidence in the record, that the project involves certain circumstances, including those such as: (1) the specific property’s unique characteristics are so specific to the property itself, and not the individual applicant or building, that the granting of a variance for the project would not confer a special privilege to any individual person typically not granted to someone else ; (2) the granting of the variance will and not be shared by adjacent parcels absent a similar showing of unique circumstances; and (3) the granting of a variance does not negatively impact public health, safety and welfare or the City’s ability to manage flood-prone property or surrounding area; and
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF OAKLAND DOES ORDAIN AS FOLLOWS:
SECTION 1. Recitals. The City Council finds and determines the foregoing recitals set forth above to be true and correct and an integral part of the City Council’s decision, and hereby adopts such recitals as findings within this Ordinance, as if fully set forth herein.
SECTION 2. Severability. If any section, subsection, sentence, clause or phrase of this Ordinance is for any reason held to be invalid or unconstitutional by decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of the Chapter. The City Council hereby declares that it would have passed this Ordinance and each section, subsection, clause or phrase thereof irrespective of the fact that one or more other sections, subsections, clauses or phrases may be declared invalid or unconstitutional.
SECTION 3. Repeal and Replacement of Prior Floodplain Ordinance. The following Floodplain Ordinance, at Oakland Municipal Code (“O.M.C.”) Chapter 15.80.000, Floodplain Management, is set forth in its entirety below and specifically repeal s and replaces the current Floodplain Ordinance, Ordinance No. 12960, and any associated regulations adopted pursuant to that ordinance.
CHAPTER 15.80 – FLOODPLAIN MANAGEMENT
ARTICLE 101. GENERAL PROVISIONS
Sec. 101-1. Title. This Chapter, in combination with the flood provisions of California Code of Regulations Title 24, the California Building Standards Code (hereinafter “building codes,” consisting of the Part 2 (building), Part 2.5 (residential), Part 10 (existing building), and related codes), and any local amendments thereto, shall be known as the Floodplain Management Ordinance of the City of Oakland (hereinafter the “Ordinance”).
Sec. 101-2. Statutory authority. The state l egislature of the State of California has, in 3 California Government Code Sections 65302, 65560, and 65800, conferred upon local governments the authority to adopt regulations designed to promote the public health, safety, and general welfare of its citizenry. As such, the City enacts and implements this Chapter in furtherance of that authority.
Sec. 101-3. Scope. The provisions of this Chapter, in combination with the flood provisions of the building codes , which have been locally adopted, shall apply to all proposed development entirely or partially in flood hazard areas established in Section 102-2 of this Chapter.
Sec. 101-4. Purposes and objectives . The purposes and objectives of this Chapter and the flood load and flood resistant construction requirements of the City’s locally implemented building codes are to promote the public health, safety and general welfare and to minimize public and private losses due to flood conditions in specific flood hazard areas through the establishment of a comprehensive set of regulations for the proper management of flood hazard areas. This Chapter is designed to set forth regulations that:
(1) Minimize unnecessary disruption of commerce, access, and public service s during times of flooding; and
(2) Require the use of appropriate building and entitlement planning practices in order to prevent or minimize future flood damage; and
(3) Manage the alteration of natural floodplains, stream channels , and shorelines to minimize the impact of development on the natural and beneficial functions of the floodplain; and (4) Manage filling, grading, dredging, mining, paving, excavation, drilling operations, storage of equipment or materials, and other development which may increase flood damage or erosion potential; and
(5) Prevent or regulate the construction of flood barriers which will divert floodwater or increase flood hazards; and
(6) Contribute to improved construction techniques in the floodplain; and (7) Minimize damage to public and private facilities and utilities; and (8) Help maintain a stable tax base by providing for the sound use and development of flood hazard areas; and
(9) Minimize the need for rescue and relief efforts associated with flooding; and (10) Ensure that property owners, occupants, and potential owners are aware of property located in flood hazard areas; and
(11) Minimize the need for future expenditure of public funds for flood control projects and response to and recovery from flood events; and
(12) Meet the requirements of the National Flood Insurance Program for community participation as set forth in Title 44 Code of Federal Regulations, Section 59.22.
Sec. 101-5. Coordination with California Building Standards Code Sections Related to Buildings In Flood Hazard Areas . Pursuant to the requirement established in State statute that the City of Oakland administer and enforce the California Building Standards Code , the City Council hereby acknowledges that the building codes contain certain provisions that apply to the 4 design and construction of buildings and structures in flood hazard areas. Therefore, this Chapter is intended to be administered and enforced in conjunction with the building codes.
Sec. 101-6. Acknowledgement of Flood Risk . The degree of flood protection required by this Chapter and the City’s locally adopted Building Code regulations related to flood hazard areas is considered reasonable for regulatory purposes and is based on scientific and engineering considerations. The City Council acknowledges that abnormally large floods can and will occur. Flood heights may be increased by man -made or natural causes. Enforcement of this Chapter and the Building Code does not imply that land outside the special flood hazard areas, or that uses permitted within such flood hazard areas, will be free from flooding or flood damage. The flood hazard areas and base flood elevations contained in the Flood Insurance Study and shown on Flood Insurance Rate Maps and the requirements of Title 44 Code of Federal Regulations, Sections 59 and 60, may be revised by the Federal Emergency Management Agency (“FEMA”), requiring this community to revise this Chapter to remain eligible for participation in the National Flood Insurance Program. No guaranty of vested use, existing use, or future use is implied or expressed by compliance with this Chapter.
Sec. 101-7. Disclaimer of L iability. This Chapter shall not create liability on the part of City Council, any officer or employee thereof, the State of California, or FEMA for any flood damage that results from reliance on this Chapter or any administrative decision lawfully made pursuant to this Chapter. The City’s designated City Administrator and any employee charged with the enforcement of this Chapter, while acting for the community in good faith and without malice in the discharge of the duties required by this Chapter or other pertinent law or ordinance, shall not thereby be rendered liable personally and is hereby relieved from personal liability for any damage accruing to persons or property as a result of any act or by reason of an act or omission in the discharge of official duties. Any suit instituted against an officer or employee because of an act performed by that officer or employee in the lawful discharge of duties and under the provisions of this Chapter shall be defended by a legal representative of the community until the final termination of the proceedings. The City Administrator and any subordinate shall not be liable for cost in any action, suit or proceeding that is instituted in pursuance of the provisions of this Chapter.
Sec. 101-8. Other laws. The provisions of this Chapter shall not be deemed to nullify any provisions of local, State or federal law.
Sec. 101-9. Abrogation and greater restrictions. This Chapter supersedes any ordinance in effect in flood hazard areas of the City. However, this Chapter is not intended to repeal, abrogate or impair any existing ordinances including land development regulations, subdivision regulations, zoning ordinances, stormwater management regulations, or building codes, nor any existing easements, covenants, or deed res trictions. In the event of an overlap or conflict between any provision of this Chapter and any other ordinance, code, regulation, easement, covenant, or deed restriction, the more restrictive shall govern.
ARTICLE 102. APPLICABILITY
Sec. 102-1. General applicability. This Chapter , in conjunction with the building codes, provide minimum requirements for development located in flood hazard areas, including the 5 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 pe rmanent storage; utility and miscellaneous Group U buildings and structures; certain building work exempt from permit under the building codes; and flood control projects.
Sec. 102-2. Establishment of flood hazard areas. The Flood Insurance Study for Alameda County, California and Incorporated Areas dated August 3, 2009, and all subsequent amendments and revisions (“FIS”), and the accompanying Flood Insurance Rate Maps ( “FIRM”), and all subsequent amendments and revisions to such maps, are hereby adopted by reference as a part of this Chapter and serve as the basis for establishing flood hazard areas. Where the building code establishes flood hazard areas, such areas are established by this section. Additional maps and studies, when specifically adopted, supplement the FIS and FIRMs to establish additional flood hazard areas. Maps and studies that establish flood hazard areas are on file at the City of Oakland Planning and Building Department, 250 Frank Ogawa Plaza, 2 nd Floor Oakland, California 94612.
Sec. 102-3. Interpretation. In the interpretation and application of this Chapter, all provisions shall be:
(1) Considered as minimum requirements.
(2) Liberally construed in favor of the governing body. (3) Deemed neither to limit nor repeal any other powers granted under state statutes.
ARTICLE 103. DUTIES AND POWERS OF THE CITY ADMINISTRATOR IN
ADMINSTERING THIS CHAPTER
Sec. 103-1. Designation. The City Administrator is hereby authorized with the power to be designated, or designate, the City’s Floodplain Manager and/or those subordinates designated to administer this Chapter. The City Administrator shall have the authority to delegate performance of certain duties to other employees in their duties under this Chapter . However, the City Administrator shall formally designate a Floodplain Manager through their authority to adopt administrative regulations consistent with this Chapter.
Sec. 103-2. General authority. The City Administrator is authorized and directed to administer and enforce the provisions of this Chapter and any regulations enacted pursuant to this Chapter. The City Administrator shall have the authority to render interpretations of this Chapter and to establish policies and procedures in order to clarify the application of its provisions. Such interpretations, policies and procedures shall be consistent with the intent and purpose of this Chapter and the flood provisions of the building code and shall not have the effect of waiving specific requirements without the granting of a variance pursuant to Article 107 of this Chapter .
The City Administrator is authorized to waive the submission of site plans, construction documents, and other data that are required by this Chapter, but that are not required to be prepared by a qualified California (CA) Licensed Land Surveyor or Civil Engineer when it is found that the nature of the proposed development is such that the review of such submissions is not necessary to ascertain compliance with this Chapter.
6 Sec. 103-3. Coordination. The City Administrator shall coordinate with and provide comments to the Building Official to administer and enforce the flood provisions of the B uilding Code and toensure compliance with the applicable provisions of th is Chapter . The City Administrator and the Building Official have the authority to establish written procedures for reviewing applications and conducting inspections for buildings and for administering and documenting determinations of substantial improvement and substantial damage made pursuant to Section 103-5 of this Chapter.
Sec. 103-4. Duties. The Floodplain Manager , in coordination with the City Administrator , shall:
(1) Review all permit applications and plans to determine whether proposed development is located in flood hazard areas.
(2) Review all applications and plans for development in flood hazard areas for compliance with this Chapter.
(3) Review, in coordination with the Building Official, required design certifications and documentation of elevations specified by the building code to determine that such certifications and documentations are complete.
(4) Review applications and plans for modification of any existing development in flood hazard areas for compliance with this Chapter.
(5) Require development in flood hazard areas to be reasonably safe from flooding and to be designed and constructed with methods, practices and materials that minimize flood damage.
(6) Interpret flood hazard area boundaries and provide available flood elevation and flood hazard information.
(7) Determine whether additional flood hazard data shall be obtained from other sources or developed by the applicant.
(8) Complete the appropriate section of the Department of Housing and Community Development Floodplain Ordinance Compliance Certification for Manufactured Home/Mobile home Installations when submitted by applicants. (9) Review requests submitted to the Building Official seeking approval to modify the strict application of the flood load and flood resistant construction requirements of the building code, to determine whether such requests require consideration as a variance pursuant to Article 107 of this Chapter.
(10) Coordinate with the Building Official and the City Administrator to identify and investigate damaged buildings located in flood hazard areas and inform owners of the requirement to obtain permits for repairs.
(11) 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 indicate changes in base flood eleva tions, flood hazard area boundaries, or floodway designations; such submissions shall be made within 6 months of such data becoming available. 7 (12) Require applicants who propose alteration of a watercourse to notify adjacent communities and the NFIP State Coordinating Agency, and to submit copies of such notifications to the Federal Emergency Management Agency (FEMA). (13) Inspect development in accordance with Article 106 of this Chapter and inspect flood hazard areas to determine when development is undertaken without issuance of permits.
(14) Prepare comments and recommendations for consideration when applicants seek variances for development other than buildings in accordance with Article 107 of this Chapter.
(15) Cite violations in accordance with Article 108 of this Chapters. (16) Notify FEMA when the corporate boundaries of City of Oakland have been modified and provide a map and legal description of the changes in the corporate boundaries.
Sec. 103-5. Substantial improvement and substantial damage determinations. For applications for building permits to improve buildings and structures, including alterations, movement, enlargement, replacement, repair, additions, rehabilitations, renovations, substantial improvements, repairs of substantial damage, and any other i mprovement of or work on such buildings and structures, the City Administrator, in coordination with the Building Official, shall:
(1) Estimate the market value or require the applicant to obtain an appraisal of the market value prepared by a qualified independent appraiser, of the 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.
(2) 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, when applicable, to the market value of the building or structure. (3) Determine and document whether the proposed work constitutes substantial improvement or repair of substantial damage.
(4) 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.
Sec. 103-6. Department records. In addition to the requirements of the B uilding Code and this Chapter, and regardless of any limitation on the period required for retention of public records, the City Administrator shall maintain and permanently keep and make available for public inspection all records that are necessary for the administration of this Chapter and the flood provisions of the B uilding Code, including Flood Insurance Studies and Flood Insurance Rate Maps; documents from FEMA that amend or revise FIRMs; records of issuance of permits and denial of permits; determinations of whether proposed work constitutes substantial improvement or repair of substantial damage; required certifications and documentation specified by the 8 building codes and this Chapter ; notifications to adjacent communities, FEMA, and the State related to alterations of watercourses; assurance that the flood -carrying capacity of altered waterways will be maintained; documentation related to variances, including justification for issuance or denial; and records of enforcement actions taken pursuant to this Chapter and the flood resistant provisions of the building codes.
ARTICLE 104 PERMITS FOR FLOODPLAIN DEVELOPMENT
Sec. 104-1. Permits required. Any person, owner or authorized agent who intends to conduct any development in a flood hazard area shall first make application to the City Administrator and shall obtain the required permit for floodplain development. No permit shall be issued until compliance with the requirements of this Chapter and all other applicable codes and regulations has been satisfied. No building permit shall be issued based on Conditional Letters of Map Revision issued by FEMA. Depending on the nature and extent of proposed development that includes a building or structure, the City Administrator may determine a permit for floodplain development is required in addition to a building permit.
Sec. 104-2. Application for permit. The applicant shall file an application in writing on a form furnished by the City Administrator. The information provided shall:
(1) Identify and describe the development to be covered by the permit. (2) Describe the land on which the proposed development is to be conducted by legal description, street address or similar description that will readily identify and definitely locate the site.
(3) Indicate the use and occupancy for which the proposed development is intended. (4) Be accompanied by a site plan and construction documents as specified in Article 105 of this Chapter, including grading, excavation and filling plans and other information deemed appropriate by the City Administrator.
(5) State the valuation of the proposed work.
(6) Be signed by the applicant or the applicant's authorized agent. (7) Include such other data and information required by the City Administrator to demonstrate compliance with this Chapter.
Sec. 104-3. Validity of permit. The issuance of a permit for floodplain development under this Chapter or the Building Code shall not be construed to be a permit for, or approval of, any violation of this Chapter, the B uilding Code, or any other City ordinance. The issuance of a permit for floodplain development based on submitted documents and information shall not prevent the City Administrator from requiring the correction of errors and omissions. The City Administrator is authorized to prevent occupancy or use of a structure or site which is in violation of this Chapter.
Sec. 104-4. Other permits required . The applicant shall obtain all other required state and federal permits prior to initiating work authorized by this Chapter and shall provide documentation of such permits to the City Administrator. Such permits include but are not limited to:
9 (1) California Coastal Commission or certified Local Coastal Program, if applicable, for activities subject to the Coastal Development Permit requirements and policies of the California Coastal Act (Public Resources Code, Division 20). (2) California State Water Resources Control Board for activities that affect wetlands and alter surface water flows, in conjunction with the U.S. Army Corps of Engineers; Section 404 of the Clean Water Act.
(3) Any City permit, including a Creek Protection Permit, for development work and any permits from Regulatory Agencies, such as San Francisco Bay Regional Water Quality Control Board, the San Franciscos Bay Conservation and Development Commission (BCDC), or the Bay Area Air Quality Management District (BAAQMD).
Sec. 104-5. - Expiration. A permit for floodplain development shall become invalid when the proposed development is not commenced within 180 days after its issuance, or when the work authorized is suspended or abandoned for a period of 180 days after the work commences.
Extensions shall be requested in writing and justifiable cause demonstrated. The City Administrator is authorized to grant, in writing, one or more extensions of time, for periods not more than 180 days each unless FEMA has issued notificati on of revision to the Flood Insurance Rate Study and Flood Insurance Rate Maps that alter the flood hazard area or floodway boundaries, flood zones, or base flood elevations, in which case the permit is invalid.
Sec. 1 04-6. - Suspension or revocation. The City Administrator is authorized to suspend or revoke a permit for floodplain development issued under this Chapter wherever the permit is issued in error or on the basis of incorrect, inaccurate or incomplete information, or in violation of this Chapter or any ordinance or code of this community.
Sec. 1 04-7. - Appeals of decisions. When it is alleged there is an error in any decision or determination made by the City Administrator in the interpretation or enforcement of this Chapter, such decision or determination may be appealed to the City Council by filing a written appeal setting forth the reasons of the appeal.
ARTICLE 105 SITE PLANS AND CONSTRUCTION DOCUMENTS
Sec. 105-1. - Information for development in flood hazard areas. The site plan or construction documents for any development subject to the requirements of this Chapter shall be drawn to scale and shall include, as applicable to the proposed development:
(1) Delineation of flood hazard areas; floodway boundaries and flood zone(s); base flood elevation(s); ground elevations; proposed filling, grading, and excavation; and drainage patterns and facilities when necessary for review of the proposed development. (2) Where base flood elevations or floodway data are not included on the FIRM or in the Flood Insurance Study, they shall be established in accordance with Section 105- 2 or Section 105-3 of this Chapter.
(3) Where the parcel on which the proposed development will take place will have more than 50 lots or is larger than 5 acres and base flood elevations are not included on the FIRM or in the Flood Insurance Study, such elevations shall be established in accorda nce with 10 Section 105-2(2) of this Chapter.
(4) Location of the proposed activity and proposed structures; locations of water supply, sanitary sewer, and other utilities; and locations of existing buildings and structures. (5) Location, extent, amount, and proposed final grades of any filling, grading, or excavation. (6) Where the placement of fill is proposed, the amount, type, and source of fill material; compaction specifications; a description of the intended purpose of the fill areas; and evidence that the proposed fill areas are the minimum necessary to achieve the i ntended purpose.
(7) Extent of any proposed alteration of sand dunes, provided such alteration is approved by the California Coastal Commission or certified Local Coastal Program, if applicable. (8) Existing and proposed alignment of any proposed alteration of a watercourse.
Sec. 105-2. - Information in flood hazard areas without base flood elevations (approximate Zone A). Where flood hazard areas are delineated on the FIRM and base flood elevation data have not been provided, the City Administrator is authorized to require one of the following:
(1) Require the applicant to include base flood elevation data prepared by a qualified California Licensed Civil Engineer in accordance with currently accepted engineering practices. Such analyses shall be performed and sealed by a qualified California Licensed Civil Engineer. Studies, analyses and computations shall be submitted in sufficient detail to allow review and approval by the City Administrator . The accuracy of data submitted for such determination shall be the responsibility of the applicant. (2) Obtain, review, and provide to applicant’s base flood elevation and floodway data available from a federal or state agency or other source or require the applicant to obtain and use base flood elevation and floodway data available from a federal or state agency or other source.
(3) Where base flood elevation and floodway data are not available from another source, where the available data are deemed by the City Administrator to not reasonably reflect flooding conditions, or where the available data are known to be scientifically or technically incorrect or otherwise inadequate:
(a) Require the applicant to include base flood elevation data in accordance with Section 105-2(1) of this Chapter; or
(b) Specify that the base flood elevation is two (2) feet above the highest adjacent grade at the location of the development, provided there is no evidence indicating flood depths have been or may be greater than two (2) feet. (4) Where the base flood elevation data are to be used to support a request for a Letter of Map Change from FEMA, advise the applicant that the analyses shall be prepared by a qualified CA Licensed Civil Engineer in a format required by FEMA, and that it shall be the responsibility of the applicant to satisfy the submittal requirements and pay the processing fees.
Sec. 105-3. - Additional analyses and certifications. As applicable to the location and nature of the proposed development activity, and in addition to the requirements of this Chapter , the 11 applicant shall have the following analyses signed and sealed by a qualified professional engineer for submission with the site plan and construction documents:
(1) For development activities proposed to be located in a floodway, a floodway encroachment analysis that demonstrates that the encroachment of the proposed development will not cause any increase in base flood elevations; where the applicant proposes to unde rtake development activities that do increase base flood elevations, the applicant shall submit such analysis to FEMA as specified in Section 105- 4 of this Chapter and shall submit the Conditional Letter of Map Revision, when issued by FEMA, with the site plan and construction documents.
(2) For development activities proposed to be located in a riverine flood hazard area where base flood elevations are included in the effective Flood Insurance Study or on the effective FIRM but floodways have not been designated, hydrologic and hydraulic anal yses that demonstrate that the cumulative effect of the proposed development, when combined with all other existing and anticipated flood hazard area encroachments, will not increase the base flood elevation more than one (1) foot at any point within the community. This requirement does not apply in isolated flood hazard areas not connected to a riverine flood hazard area or in flood hazard areas identified as Zone AO or Zone AH. (3) For alteration of a watercourse, an engineering analysis prepared in accordance with standard engineering practices that demonstrates the flood-carrying capacity of the altered or relocated portion of the watercourse will not be decreased, and certificatio n that the altered watercourse shall be maintained in a manner which preserves the channel's flood - carrying capacity. The applicant shall submit the analysis to FEMA as specified in Section 105-4 of this Chapter . The applicant shall notify the chief execut ive officer of adjacent communities and the California Department of Water Resources. The City Administrator shall maintain a copy of the notification in the permit records and shall submit a copy to FEMA.
(4) For activities that propose to alter sand dunes in coastal high hazard areas (Zone V/VE) and Coastal A Zones, an engineering analysis that demonstrate the proposed alteration will not increase the potential for flood damage.
Sec. 105-4. - Submission of additional data. When additional hydrologic, hydraulic or other engineering data, studies, and additional analyses are submitted to support an application, the applicant has the right to seek a Letter of Map Change from FEMA to change the base flood elevations, change flo odway boundaries, or change boundaries of flood hazard areas shown on FIRMs, and to submit such data to FEMA for such purposes. The analyses shall be prepared by a qualified C alifornia Licensed Civil Engineer in a format required by FEMA. Submittal requirements and processing fees shall be the responsibility of the applicant. Provided FEMA issues a Conditional Letter of Map Revision, construction of proposed flood control projects and land preparation for development are permitted, including clearing, exca vation, grading, and filling. Permits for construction of buildings shall not be issued until the applicant satisfies the FEMA requirements for issuance of a Letter of Map Revision.
12 ARTICLE 106 INSPECTIONS
Sec. 106-1. - 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 this Chapter or the building code.
Inspections presuming to give authority to violate or cancel the provisions of this Chapter or the Building Code or other ordinances shall not be valid.
Sec. 1 06-2. - Inspections of development other than buildings and structures. The City Administrator shall make or cause to be made, inspections of all development other than buildings and structures that is authorized by issuance of a permit for floodplain development under this Chapter. The City Administrator shall inspect flood hazard areas from time to time to determine when development is undertaken without issuance of a permit.
Sec. 106-3. - Inspections of manufactured homes installations. The City Administrator shall make or cause to be made, inspections of installation, replacement, substantial improvements of manufactured homes in flood hazard areas authorized by issuance of a permit for floodplain development under this Chapter . Upon installation of a manufactured home and receipt of the elevation certification required in Section 304- 1 of this Chapter the City Administrator shall inspect the installation or have the installation inspected.
Sec. 106-4. - 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:
(1) 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 California Licensed Land Surveyor or Civil Engineer and submitted to the building official. For new or substantially improved non- residential buildings and structures, FEMA’s floodproofing certification should be required prior to final inspection.
(2) Final inspection. Prior to the final inspection, certification of the elevation required in the building code shall be prepared by a California Licensed Land Surveyor or Civil Engineer and submitted to the building official.
ARTICLE 107 VARIANCES
Sec. 107-1. - Nature of variances. The considerations and conditions for variances set forth in this article are based on the general principle of zoning law that variances pertain to a piece of property and are not personal in nature. A variance may be issued for a parcel of property with physical characteristics so unusual that complying with the requirements of this Chapter would create an exceptional hardship to the applicant or the surrounding property owners. The characteristics must be unique to the property and not be shared by adj acent parcels. The unique characteristic must pertain to the land itself, not to the structure, its inhabitants, or the property owners. The issuance of a variance is for floodplain management purposes only. Federal flood insurance premium rates are determined by the National Flood Insurance Program according to actuarial risk and will not be modified by the granting of a variance. 13 It is the duty of the City Council to promote public health, safety and welfare and minimize losses from flooding. This duty is so compelling and the implications of property damage and the cost of insuring a structure built below flood level are so serious that variances from the elevati on or other requirements in the building codes should be quite rare. The long term goal of preventing and reducing flood loss and damage, and minimizing recovery costs, inconvenience, danger, and suffering, can only be me t when variances are strictly limited. Therefore, the variance requirements in this Chapter are detailed and contain multiple provisions that must be met before a variance can be properly issued. The criteria are designed to screen out those situations in which alternatives other than a variance are more appropriate.
Sec. 107-2. – Variances; general. The City Council shall hear and decide requests for variances from the strict application of this Chapter.
Sec. 107-3. - Limitations on authority. The City Council shall base its determination on technical justifications submitted by applicants, the considerations and conditions set forth in this article, the comments and recommendations of the City Administrator and Building Official, as applicable, and has the right to attach such conditions to variances as it deems necessary to further the purposes and objectives of this Chapter and the Building Code.
Sec. 107-4. - Records. The City Administrator shall maintain a permanent record of all variance actions, including justification for issuance, and report such variances issued to the FEMA upon request.
Sec. 1 07-5. - Historic structures. A variance is authorized to be issued for the repair, improvement, or rehabilitation of a historic structure upon a determination that the proposed repair, improvement, or rehabilitation will not preclude the structure's continued designation as a historic structure, and the variance is the minimum necessary to preserve the historic character and design of the structure. When the proposed work precludes the structure’s continued designation as a historic structure, a variance shall not be granted and the s tructure and any repair, improvement, and rehabilitation shall be subject to the requirements of the building code in conjunction with the provisions of this Ordinance.
Sec. 1 07-6. - Restrictions in floodways . A variance shall not be issued for any proposed development in a floodway when any increase in flood levels would result during the base flood discharge, as evidenced by the applicable analyses required in Section 105-3(1) of this Chapter.
Sec. 1 07-7. - Functionally dependent uses. A variance is authorized to be issued for the construction or substantial improvement necessary for the conduct of a functionally dependent use provided the criteria in Section 1612 of the building code (C.C.R. Title 24 Part 2) or Section R306 of the residential code (CCR Title 24 Part 2.5) are met, as applicable, and the variance is the minimum necessary to allow the construction or substantial improvement, and that all due consideration has been given to use of methods and materials that minimize flood damages during the base flood and create no additional threats to public safety.
Sec. 107-8. - Considerations for issuance of variances. In reviewing applications for variances, all technical evaluations, all relevant factors, all other requirements of this Chapter and the 14 Building Code, as applicable, and the following shall be considered:
(1) The danger that materials and debris may be swept onto other lands resulting in further injury or damage.
(2) The danger to life and property due to flooding or erosion damage. (3) The susceptibility of the proposed development, including contents, to flood damage and the effect of such damage on current and future owners. (4) The importance of the services provided by the proposed development to the community. (5) The availability of alternate locations for the proposed development that are not subject to flooding or erosion and the necessity of a waterfront location, where applicable. (6) The compatibility of the proposed development with existing and anticipated development. (7) The relationship of the proposed development to the comprehensive plan and floodplain management program for that area.
(8) The safety of access to the property in times of flood for ordinary and emergency vehicles. (9) The expected heights, velocity, duration, rate of rise and debris and sediment transport of the floodwater and the effects of wave action, if applicable, expected at the site. (10) The costs of providing governmental services during and after flood conditions including maintenance and repair of public utilities and facilities such as sewer, gas, electrical and water systems, streets, and bridges.
(11) Necessity to the facility of a waterfront location, where applicable. (12) Variances shall not be issued within any effective regulatory floodway if any increase in flood levels during the base flood discharge would result. (13) Variances may be issued for new construction, substantial improvement, and other proposed new development to be erected on a lot of one-half acre or less in size contiguous to and surrounded by lots with existing structure constructed below the design flood level, providing that the procedures of this ordinance have been fully considered. As the lot size increases beyond one-half acre, the technical justification required for issuing the variance increases.
Sec. 107-9. - Conditions for issuance of variances. Variances shall only be issued upon:
(1) Submission by the applicant of a showing of good and sufficient cause that the unique characteristics of the size, configuration or topography of the site limit compliance with any provision of this Chapter or renders the elevation standards of the building code inappropriate.
(2) A determination that failure to grant the variance would result in exceptional hardship due to the physical characteristics of the land that render the lot undevelopable. (3) A determination that the granting of a variance will not result in increased flood heights, additional threats to public safety, extraordinary public expense, nor create nuisances, cause fraud on or victimization of the public or future property owners, or conflict with existing local laws or ordinances.
15 (4) A determination that the variance is the minimum necessary, considering the flood hazard, to afford relief.
(5) When the request is to allow construction of the lowest floor of a new building or substantial improvement of a building below the design flood elevation, notification to the applicant in writing over the signature of the City Administrator specifying the difference between the design flood elevation and the proposed elevation of the lowest floor, stating that issuance of a variance to construct below the elevation required in the building code will result in increased premium rates for federal flood insurance up to amounts as high as $25 for $100 of insurance coverage, and that such construction below the required elevation increases risks to life and property.
ARTICLE 108 VIOLATIONS
Sec. 108- 1. - Violations. Any development in any flood hazard area that is being performed without an issued permit or that is in conflict with an issued permit shall be deemed a violation. A building or structure without the documentation of the elevation of the lowest floor, other required design certifications, or other evidence of compliance required by this Chapter or the building code, is presumed to be a violation until such time as required documentation is submitted.
Violation of the requirements shall constitute a misdemeanor.
Sec. 108-2. - Authority. The City Administrator is authorized to serve notices of violation or stop work orders to owners of property involved, to the owner’s agent, or to the person or persons doing the work for development that is not within the scope of the building codes but is regulated by this Chapter and that is determined to be a violation.
Sec. 108-3. - Unlawful continuance. Any person who shall continue any work after having been served with a notice of violation or a stop work order, except such work as that person is directed to perform to remove or remedy a violation or unsafe condition, shall be subject to penalties as prescribed by the Master Fee Schedule of the City.
ARTICLE 109 DEFINITIONS
Sec. 109-1. - General. The following words and terms shall, for the purposes of this Chapter, have the meanings shown herein that apply only to this C hapter. Where terms are not defined in this Chapter and are defined in the B uilding Code (CCR Title 24 Part 2) and used in the R esidential Code (CCR Title 24 Part 2.5), such terms shall have the meanings ascribed to them in those codes.
Where terms are not defined in this Chapter or the Building Code, such terms shall have the same definition as may be found in the Oakland Municipal Code, or as are ordinarily accepted meanings such as the context implies.
Sec. 109-2. - Definitions
“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
“Alluvial fan" means a geomorphologic feature characterized by a cone or fan-shaped 16 deposit of boulders, gravel, and fine sediments that have been eroded from mountain slopes, transported by flood flows, and then deposited on the valley floors, and which is subject to flash flooding, high velocity flows, debris flows, erosion, sediment movement and deposition, and channel migration.
“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. “Apex" means the point of highest elevation on an alluvial fan, which on undisturbed fans is generally the point where the major stream that formed the fan emerges from the mountain front.
“Appeal" means a request for a review of the City Administrator's interpretation of any provision of this title.
“Area of shallow flooding" means a designated AO or AH Zone on the Flood Insurance Rate Map (FIRM). The base flood depths range from one to three feet; a clearly defined channel does not exist; the path of flooding is unpredictable and indeterminate; and velocity flow may be evident. Such flooding is characterized by ponding or sheet flow.
“Area of special flood hazard" - See "Special flood hazard area."
“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.
“Base flood” means the flood having a 1- percent chance of being equaled or exceeded in any given year. [Also defined in CCR Title 24 Part 2.]
” Base flood elevation” means the elevation of the base flood, including wave height, relative to the National Geodetic Vertical Datum (NGVD), North American Vertical Datum (NAVD) or other datum specified on the Flood Insurance Rate Map (FIRM). [Also defined in CCR Title 24 Part 2.]
“Basement” means, for the purpose of floodplain management, the portion of a building having its floor subgrade (below ground level) on all sides. [Also defined in CCR Title 24 Part 2.]
"Breakaway walls" are any type of walls, could be solid or lattice, and or constructed of concrete, masonry, wood, metal, plastic or any other suitable building material which is not part of the structural support of the building. A breakaway wall shall be designed to break away under abnormally high tides or wave action without causing any damage to the structural integrity of the building on which they are used, or any buildings to which they might be carried by flood waters.
A breakaway wall shall have a safe design loading resistance of not less than 10 and no more than 20 pounds per square foot. Use of breakaway walls must be certified by California Civil Engineer and small meet the following conditions:
17 1. Breakaway wall collapse shall result from a water load less than that which would occur during the base flood; and
2. The elevated portion of the building shall not incur any structural damage due to the effects of wind and water loads acting simultaneously in the event of the base flood.
“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.
“Coastal A Zone” means a special flood hazard area, landward of a V zone or landward of an open coast without mapped coastal high hazard areas. In a coastal A zone, the principal source of flooding must be astronomical tides, storm surges, seiches or tsunamis, not riverine flooding.
During the base flood conditions, the potential for breaking wave height shall be greater than or equal to 1 ½ feet (457 mm). The inland limit of the coastal A zone is (a) the Limit of Moderate Wave Action if delineated on a FIRM, or (b) designated by the authority having jurisdiction. [Also defined in CCR Title 24 Part 2.]
”Coastal high hazard area” means the area within the special flood hazard area extending from offshore to the inland limit of a primary dune along an open coast and any other area that is subject to high-velocity wave action from storms or seismic sources, and shown on a Flood Insurance Rate Map (FIRM) or other flood hazard map as velocity Zone V, VO, VE or V1- 30. [Also defined in CCR Title 24 Part 2.]
“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.
“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 exis ting 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.]
“Development” means any manmade change to improved or unimproved real estate, including but not limited to, buildings or other structures, temporary structures, temporary or permanent storage of materials, mining, dredging, filling, grading, paving, excavations, drilli ng operations, 18 flood control projects, and other land-disturbing activities.
“Encroachment” means the placement of fill, excavation, buildings, permanent structures or other development into a flood hazard area which may impede or alter the flow capacity of riverine flood hazard areas.
"Exceptional hardship" means, for the purpose of variances from this Chapter or the B uilding Code, the exceptional difficulty that would result from a failure to grant a requested variance.
Mere economic or financial hardship is not exceptional. Inconvenience, aesthetic considerations, physical handicaps, personal preferences, or the disapproval of one's neighbors do not, as a rule, qualify as exceptional hardships. All of these circumstances can be resolved through other means without granting variances, even when the alternatives are more expensive or require the property owner to build elsewhere or put the parcel to a different use than originally intended.
"Existing manufactured home park or subdivision" means a manufactured home park or subdivision for which the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including, at a minimum, the installation of utilities, the construction of streets, and eith er final site grading or the pouring of concrete pads) was completed before December 4, 1970.
"Expansion to an existing manufactured home park or subdivision" means the preparation of additional sites by the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads).
“Flood or flooding” means
(a) a general and temporary condition of partial or complete inundation of normally dry land from:
(1) The overflow of inland or tidal waters.
(2) The unusual and rapid accumulation or runoff of surface waters from any source. (3) Mudslides (i.e., mudflows) which are proximately caused by flooding.
(b) The collapse or subsidence of land along the shore of a lake or other body of water as a result of erosion or undermining caused by waves or currents of water exceeding anticipated cyclical levels or suddenly caused by an unusually high water level in a natural body of water, accompanied by a severe storm, or by an unanticipated force of nature, such as flash flood or an abnormal tidal surge, or by some similarly unusual and unforeseeable event which results in flooding as defined in paragraph (a)(1) of this definition.
“Flood control project” means a dam or barrier design and constructed to keep water away from or out of a specified area, including but not limited to levees, floodwalls, and channelization.
“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.] 19 “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.
“Flood Insurance Rate Map (FIRM)” means an official map of a community on which the Federal Insurance Administrator has delineated both the special flood hazard areas and the risk premium zones applicable to the community. [Also defined in CCR Title 24 Part 2.]
”Flood Insurance Study” means the official report provided by the Federal Insurance Administrator containing examination, evaluation and determination of flood hazards and, if appropriate, corresponding water surface elevations. [Also defined in CCR Title 24 Part 2.] “City Administrator” means the community official designated by title to administer and enforce the floodplain management regulations.
“Floodplain or flood-prone area" means any land area susceptible to being inundated by water from any source - see "Flooding".
“Floodplain management" means the operation of an overall program of corrective and preventive measures for reducing flood damage and preserving and enhancing, where possible, natural resources in the floodplain, including but not limited to emergency preparedness plans, flood control works, floodplain management regulations, and open space plans.
“Floodplain management regulations" means this title and other zoning ordinances, subdivision regulations, building codes, health regulations, special purpose ordinances (such as grading and erosion control) and other application of police power which control development in flood-prone areas. This term describes federal, state or local regulations in any combination thereof which provide standards for preventing and reducing flood loss and damage.
“Floodproofing" means any combination of structural and nonstructural additions, changes, or adjustments to structures which reduce or eliminate flood damage to real estate or improved real property, water and sanitary facilities, structures, and their contents (Refer to FEMA Technical Bulletin 1, Openings in Foundation Walls and Walls of Enclosures; Technical Bulletin 3, Non-Residential Floodproofing Requirements and Certifications; and Technical Bulletin 7, Wet Floodproofing Requirements and Limitations for guidelines on dry and wet floodproofing).
“Floodway” means the channel of the river, creek or other watercourse and the adjacent land areas that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation more than a designated height. (not to exceed one foot, as set by the National Flood Insurance Program.) [Also defined in CCR Title 24 Part 2.]
20 “Floodway fringe" is that area of the floodplain on either side of the "regulatory floodway" where encroachment may be permitted.
"Fraud or victimization" means, for the purpose of variances from this Chapter or the building code, the intentional use of deceit to deprive another of rights or property, making a victim of the deprived person or the public. As it pertains to buildings granted variances to be constructed below the elevation required by the buildi ng code, future owners or tenants of such buildings and the community as a whole may bear the burden of increased risk of damage from floods, increased cost of flood insurance, and increased recovery costs, inconvenience, danger, and suffering.
“Freeboard” refers to additional height above a minimum level of protection, typically expressed in feet above the base flood elevation (BFE).
“Functionally dependent use” means a use that cannot perform its intended purpose unless it is located or carried out in close proximity to water, including only docking facilities, port facilities necessary for the loading or unloading of cargo or passengers, and shipbuilding or shi p repair facilities. The term does not include long-term storage, manufacture, sales or service facilities.
“Governing body" is the City Council of the City of Oakland, that is empowered to adopt and implement regulations to provide for the public health, safety and general welfare of its citizens.
“Highest adjacent grade” means the highest natural elevation of the ground surface prior to construction next to the proposed walls or foundation of a structure.
"Historic structure" means any structure that is:
(1) Listed individually in the National Register of Historic Places (a listing maintained by the Department of Interior) or preliminarily determined by the Secretary of the Interior as meeting the requirements for individual listing on the National Register; (2) Certified or preliminarily determined by the Secretary of the Interior as contributing to the historical significance of a registered historic district or a district preliminarily determined by the Secretary to qualify as a registered historic district; (3) Individually listed on the inventory of historic places maintained by the California Office of Historic Preservation; or
(4) Individually listed on a local inventory of historic places in communities with historic preservation programs that have been certified either by an approved state program as determined by the secretary of the Interior or directly by the Secretary of the I nterior or directly by the Secretary of the Interior in states without approved program.
“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 21 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 and the standards set forth by Title 44 Code of Federal Regulation Sections 59,60,65, and 70
(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.
“Levee" means a man-made structure, usually an earthen embankment, designed and constructed in accordance with sound engineering practices to contain, control or divert the flow of water so as to provide protection from temporary flooding.
“Levee system" means a flood protection system which consists of a levee, or levees, and associated structures, such as closure and drainage devices, which are constructed and operated in accord with sound engineering practices.
“Light-duty truck” means, as defined in 40 C.F.R. 86.082- 2, any motor vehicle rated at 8,500 pounds Gross Vehicular Weight Rating or less which has a vehicular curb weight of 6,000 pounds or less and which has a basic vehicle frontal area of forty-five (45) square feet or less, which is:
(1) Designed primarily for purposes of transportation of property or is a derivation of such a vehicle, or
(2) Designed primarily for transportation of persons and has a capacity of more than twelve (12) persons; or
(3) Available with special features enabling off-street or off-highway operation and use.
“Limit of Moderate Wave Action (LiMWA)” means a line shown on FIRMs to indicate the inland extent of the 1 1/2-foot breaking wave height during the base flood. [Also defined in CCR Title 24 Part 2.]
“Lowest floor” means the lowest floor of the lowest enclosed area, including basement, but excluding any unfinished or flood-resistant enclosure, usable solely for vehicle parking, building access or limited storage provided that such enclosure is not built so as to render the structure in violation of the non-elevation requirements of the building codes. [Also defined in CCR Title 24 Part 2.]
“Manufactured home” means a structure that is transportable in one or more sections, built on a permanent chassis, designed for use as a single -family dwelling with or without a permanent foundation when connected to the required utilities, and constructed to the Manufacture d Home Construction and Safety Standards promulgated by the U.S. Department of Housing and Urban Development. Also see definitions in Health and Safety Code sections18000.(a)(2) and 18001.(a). 22 For the purposes of floodplain management, the term also includes mobile homes and recreational vehicles, park trailers, travel trailers and similar transportable structures that are placed on a site for 180 consecutive days or longer.
“Manufactured home park or subdivision” means a parcel (or contiguous parcels) of land divided into two or more manufactured home lots for rent or sale.
“Market value” means the price at which a property will change hands between a willing buyer and a willing seller, neither party being under compulsion to buy or sell and both having reasonable knowledge of relevant facts. As used in t his Chapter , the term refers to the market value of buildings and structures, excluding the land and other improvements on the parcel. Market value may be established by one of the following methods: (1) Actual Cash Value (replacement cost depreciated for age and quality of construction), (2) tax assessment value adjusted to approximate market value by a factor provided by the Property Appraiser, or (3) a qualified independent appraiser.
“Mean sea level" means, for purposes of the National Flood Insurance Program, the National Geodetic Vertical Datum (NGVD) of 1929 or other datum, to which base flood elevations shown on a community's Flood Insurance Rate Map FIRM are referenced.
“Mudslide" describes a condition where there is a river, flow or inundation of liquid mud down a hillside, usually as a result of a dual condition of loss of brush cover and the subsequent accumulation of water on the ground, preceded by a period of unusually heavy or sustained rain.
“Mudslide (i.e., mudflow) prone area" means an area with land surfaces and slopes of unconsolidated material where the history, geology, and climate indicate a potential for mudflow.
“Natural grade”, means the elevation of the ground before any human intervention, such as construction, landscaping, or fill. It's the natural contours of a land area.
“New construction”, for floodplain management purposes, means structures for which the “start of construction” commenced on or after December 4, 1970}, and includes any subsequent improvements to such structures.
"New manufactured home park or subdivision" means a manufactured home park or subdivision for which the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including at a minimum, the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads) was completed on or after December 4, 1970.
"Nuisance" means that which is injurious to safety or health of an entire community or neighborhood, or any considerable number of persons, or unlawfully obstructs the free passage or use, in the customary manner, of any navigable lake, or river, bay, stream, canal, or basin.
“Obstruction" includes, but is not limited to, any dam, wall, wharf, embankment, levee, 23 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 propensity to snare or collect debris carried by the flow of water, or its likelihood of being carried downstream.
“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 activities that are located in flood hazard areas and that are determined to be compliant with this Chapter.
“Primary frontal dune" means a continuous or nearly continuous mound or ridge of sand with relatively steep seaward and landward slopes immediately landward and adjacent to the beach and subject to erosion and overtopping from high tides and waves during major coastal storms.
The inland limit of the primary frontal dune occurs at the point where there is a distinct change from a relatively mild slope.
“Recreational vehicle” means a vehicle that is built on a single chassis, 400 square feet (37.16 m 2)
or less when measured at the largest horizontal projection, designed to be self -propelled or permanently towable by a light -duty truck, and designed primarily not for use as a permanent dwelling but as temporary living quarters for recreational, camping, travel or seasonal use. A recreational vehicle is ready for highway use when it is on its wheels or jacking system, is attached to the site only by quick di sconnect type utilities and security devices and has no permanently attached additions. Also see definitions in Health and Safety Code section 18010.
“Regulatory floodway" means the channel of a river or other watercourse and the adjacent land areas that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation more than one foot.
“Remedy a violation" means to bring the structure or other development into compliance with state or local floodplain management regulations, or, if this is not possible, to reduce the impacts of its noncompliance. Ways that impacts may be reduced include protecting the structure or other affected development from flood damages, implementing the enforcement
provisions of this title or otherwise deterring future similar violations, or reducing state or federal financial exposure with regard to the structure or other development.
"Riverine" means relating to, formed by, or resembling a river (including tributaries), stream, brook, etc.
"Sand dunes" mean naturally occurring accumulations of sand in ridges or mounds landward of the beach.
"Special flood hazard area (SFHA)" means the land area subject to 1% annual chance flooding in any given year and shown on a Flood Insurance Rate Map or other flood hazard map as Zone A, AE, AO, AH, , VE, . [Also defined in CCR Title 24 Part 2.]
24 “Start of construction" 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 180 days from the date of the permit. The actual start means either the first placement of permanent construction of a structure on a site, such as the pouring of slab or footings, the installation of piles, the construction of columns, or any work beyond the stage of excavation; or the placement of a manufacture home on a foundation. Permanent construction does not include land preparation, such as clearing, grading, and filling; nor does it include the installation of streets and/or walkways; nor does it include excavation for a basement, footings, piers, or foundations or the erection of temporary forms; nor does it include the installation on the property of accessory buildings, such as garages or sheds not occupied as dwelling units or not part of the m ain structure. For a substantial improvement, the actual start of construction means the first alteration of any wall, ceiling, floor, or other structural part of a building, whether or not that alteration affects the external dimensions of the building.
"Structure" means a walled and roofed building that is principally above ground; this includes a gas or liquid storage tank or a manufactured home.
“Substantial damage” means damage of any origin sustained by a structure whereby the cost of restoring the structure to its before -damaged condition would equal or exceed 50 percent of the market value of the structure before the damage occurred. [Also defined in CCR Title 24 Part 2.]
“Substantial improvement” means any repair, reconstruction, rehabilitation, alteration, addition or other improvement of a building or structure, the cost of which equals or exceeds 50 percent (50%) of the market value of the structure before the improvement or repair is started. When the structure has sustained substantial damage, any repairs are considered substantial improvement regardless of the actual repair work performed. The term does not, however, include either: [Also defined in CCR Title 24 Part 2.]
(1) Any project for improvement of a building required to correct existing health, sanitary or safety code violations identified by the building official and that are the minimum necessary to assure safe living conditions.
(2) Any alteration of a historic structure provided that the alteration will not preclude the structure’s continued designation as a historic structure.
“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.
“V zone" - see "Coastal high hazard area."
“Variance” means a grant of relief from the requirements of this Chapter which permits construction in a manner otherwise prohibited and where specific enforcement would result in exceptional hardship.
“Violation” means a development that is not fully compliant with this Chapter or the flood provisions of the building code, as applicable. A structure or other development without the 25 certification of elevation, other certifications or other evidence of compliance as required by this Chapter is presumed to be in violation until such time as the documentation is provided.
"Water surface elevation" means the height, in relation to the National Geodetic Vertical Datum (NGVD) of 1929, North American Vertical Datum (NAVD) of 1988, or other datum, of floods of various magnitudes and frequencies in the floodplains of coastal or riverine areas.
“Watercourse” means a river, creek, stream, channel or other topographic feature in, on, through, or over which water flows at least periodically.
ARTICLE 110 BUILDINGS AND STRUCTURES
Sec. 110-1. - 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 building code and the floodplain development requirements of this Chapter.
Sec. 110- 2. – Detached garages and accessory storage structures. Detached garages and accessory storage structures no larger than 600 sq uare feet and used only for parking or storage are permitted below the base flood elevation provided the garages and accessory storage structures:
(1) Are not located in coastal high hazard areas.
(2) In Coastal Zones A and VE, all new construction and substantial improvement shall have the space below the lowest floor free of obstructions or constructed with breakaway walls as defined in Section {201.2 of this ordinance. Such enclosed space shall not be used for human habitation and will be usable solely for parking of vehicles, building access or storage.
(3) Are anchored to resist flotation, collapse or lateral movement resulting from flood loads. (4) Have flood openings in accordance with the building code. (5) Have flood damage-resistant materials used below the base flood elevation. (6) Have mechanical, plumbing and electrical systems, including plumbing fixtures, elevated to or above the base flood elevation.
(7) The accessory structure or detached garage must comply with floodplain encroachment provisions in Section 303.4
Sec. 110-3. - 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, retainin g 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:
26 (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) In all SFHA except coastal A and Zone VE, 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 California Building Standards Code and ASCE 24 or shall be dry floodproofed in accordance with ASCE 24.
(3) In coastal A and Zone VE, new construction and substantial improvement of such buildings and structures, when fully enclosed by walls shall be elevated such that the bottom of structural frame is elevated to or above design flood elevation in accordance wi th California Building Standards Code and ASCE 24.
(4) In all SFHA except Coastal A and Zone VE, fully enclosed areas below the design flood elevation shall be constructed in accordance with California Building Standards Code and ASCE 24 and limited to parking, storage, and building access. (5) Flood damage-resistant materials shall be used below the design flood elevation. (6) Mechanical, plumbing, heating/cooling, ventilation and electrical systems, including plumbing fixtures, shall be located or installed in accordance with ASCE 24.
Sec. 110.4 Elevation Requirements
(1) Buildings and structures in flood hazard areas, not including flood hazard areas designated as Coastal A Zones and V Zones, shall have the lowest floors elevated to or above the base flood elevation plus 1 foot (305 mm), or design flood elevation, whichever is higher. (2) Buildings and structures in Coastal A and V Zones are elevated on anchored pilings and columns so that the bottom of the lowest structural member elevated to or above the base flood elevation plus 1 foot, or design flood elevation, whichever is higher. (3) In areas of shallow flooding (AO Zones), buildings and structures shall have the lowest floor (including basement) elevated to a height above the highest adjacent grade of not less than the depth number specified in feet (mm) on the FIRM plus 1 foot (305 m m), or not less than 3 feet (915 mm) if a depth number is not specified. (4) Basement floors that are below grade on all sides shall be elevated to or above base flood elevation plus 1 foot (305 mm), whichever is higher.
(5) Garage and carport floors shall comply with one of the following:
(5.1) They shall be elevated to or above the elevations required in Item 1 or Item 3, as applicable, or
(5.2) They shall be at or above grade on not less than one side, used solely for parking, building access or storage, and built in accordance with the floodproofing design in the California Building Standards Code and ASCE 24.
(6) Enclosed areas below the elevation required in this section, except in item 2, including basements with floors that are not below grade on all sides, shall meet the requirements of California Residential Code Section R322.2.2.
27 ARTICLE 111 SUBDIVISIONS
Sec. 111-1. - Minimum requirements. Subdivision proposals in flood hazard areas, including proposals for manufactured home parks and subdivisions, shall be reviewed to determine that:
(1) Such proposals are consistent with the need to minimize flood damage and will be reasonably safe from flooding.
(2) All public utilities and facilities, such as sewer, gas, electric, communications, and water systems are located and constructed to minimize or eliminate flood damage in accordance with Section 303-2 and Section 303-3 of this Chapter, as applicable, and appropriate codes. (3) Adequate drainage is provided to reduce exposure to flood hazards; in Zones AH and AO, adequate drainage paths shall be provided to guide floodwater around and away from proposed structures.
Sec. 111-2. - Subdivision requirements. In addition to the requirements of Section 302-1 of this Chapter, where any portion of proposed subdivisions, including proposals for manufactured home parks and subdivisions, lies within a flood hazard area, the following shall be required:
(1) The flood hazard area, including floodways, coastal high hazard areas, and Coastal A Zones, as appropriate, shall be delineated on preliminary subdivision plats. (2) Where the subdivision has more than 50 lots or is larger than 5 acres and base flood elevations are not included on the FIRM, the base flood elevations determined in accordance with Section 105-2(1) of this Chapter.
(3) When, as part of a proposed subdivision, fill will be placed to support buildings, the fill shall be placed in accordance with the building code and approval of the subdivision shall require submission of as -built elevations for each filled pad certified b y a California Licensed Land Surveyor or Civil Engineer
ARTICLE 112 SITE IMPROVEMENTS, UTILITIES AND LIMITATIONS
Sec. 112-1. - Minimum requirements. All proposed development in flood hazard areas shall be reviewed to determine that:
(1) Such proposals are consistent with the need to minimize flood damage and will be reasonably safe from flooding.
(2) Where the proposed development has more than 50 lots or is larger than 5 acres and base flood elevations are not included on the FIRM, the base flood elevations determined in accordance with Section 105-2(1) of this Chapter.
(3) All public utilities and facilities, such as sewer, gas, electric, communications, and water systems are located and constructed to minimize or eliminate flood damage. (4) Adequate drainage is provided to reduce exposure to flood hazards; in Zones AH and AO, adequate drainage paths shall be provided to guide floodwater around and away from proposed structures.
Sec. 112-2. - Sanitary sewer facilities . All new and replaced sanitary sewer facilities, private sewage treatment plants (including all pumping stations and collector systems) and on -site waste 28 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.
Sec. 112- 3. - Water supply facilities . All new and replaced water supply facilities shall be designed in accordance with the provisions of Chapter 7, ASCE 24, to minimize or eliminate infiltration of floodwaters into the systems.
Sec. 112-4. - Development in floodways . Development, site improvements and land disturbing activity involving fill or regrading shall not be authorized in the floodway unless the floodway encroachment analysis required in Section 105- 3(1) of this Chapter demonstrates the proposed work will not result in any increase in the base flood level during occurrence of the base flood discharge.
Sec. 112-5. - Limitations on placement of fill. Subject to the limitations of this Chapter, fill shall be designed to be stable under conditions of flooding including rapid rise and rapid drawdown of floodwaters, prolonged inundation, and protection against flood- related erosion and scour. In addition to these requirements, when intended to support buildings and structures, fill shall comply with the requirements of the B uilding Code. The placement of fill intended to change base flood elevations, change floodway boundaries, or change boundaries of flood hazard areas shown on FIRMs shall be subject to the requirements of Section 105-4 of this Chapter.
Sec. 112-6. Location and fill in coastal high hazard areas (Zone V/VE) and Coastal A Zones.
In coastal high hazard areas and Coastal A Zones:
(1) New buildings shall only be authorized landward of the reach of mean high tide. (2) The use of fill for structural support of buildings is prohibited. (3) Provide that all new construction and substantial improvements in Zones VE, and also Coastal A Zone, are elevated on pilings and columns so that:
(i) the bottom of the lowest horizontal structural member of the lowest floor (excluding the pilings or columns) is elevated to or above the base flood level; and (ii) the pile or column foundation and structure attached thereto is 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 values used shall be those associated with the base flood. Wind loading values used shall be those required by applicable State or local building standards. A registered professional engineer or architect shall develop or review the structural design, specifications and plans for the construction, and shall certify that the design and methods of construction to be used are in accordance with accepted standards of practice for meeting the provisions of paragraphs (e)(4) (i) and (ii) of this section.
(4) Provide that all new construction and substantial improvements within Zones VE, and Coastal A Zones on the community's FIRM have the space below the lowest floor either free of obstruction or constructed with non-supporting breakaway walls, open wood lattice- 29 work, or insect screening intended to collapse under wind and water loads without causing collapse, displacement, or other structural damage to the elevated portion of the building or supporting foundation system. For the purposes of this section, a breaka way wall shall have a design safe loading resistance of not less than 10 and no more than 20 pounds per square foot. Use of breakaway walls which exceed a design safe loading resistance of 20 pounds per square foot (either by design or when so required by local or State codes) may be permitted only if a registered professional engineer or architect certifies that the designs proposed meet the following conditions:
(i) Breakaway wall collapse shall result from a water load less than that which would occur during the base flood; and,
(ii) The elevated portion of the building and supporting foundation system shall not be subject to collapse, displacement, or other structural damage due to the effects of wind and water loads acting simultaneously on all building components (structural and non- structural). Water loading values used shall be those associated with the base flood. Wind loading values used shall be those required by applicable State or local building standards.
Such enclosed space shall be useable solely for parking of vehicles, building access, or storage.
(5) All manufactured homes shall meet the elevation and construction standards of this section that apply to all other buildings and structures.(6) Require that recreational vehicles placed on sites within Coastal A Zones, and VE on the community's FIRM either (i) Be on the site for fewer than 180 consecutive days, (ii) Be fully licensed and ready for highway use, or
(iii) Meet the requirements in paragraphs (b)(1) and (e) (2) through (7) of this section.
A recreational vehicle is ready for highway use if it is on its wheels or jacking system, is attached to the site only by quick disconnect type utilities and security devices and has no permanently attached additions
Sec. 112-7. - Nonstructural fill or alteration of sand dunes in coastal high hazard areas (Zone V/VE) and Coastal A Zones. Nonstructural fill or alteration of sand dunes in coastal high hazard areas (Zone V/VE) and Coastal A Zones shall be permitted only when authorized by appropriate federal, state or local authorities. Where permitted, such fill or alterations shall comply with the following, as applicable:
(1) Minor grading and the placement of minor quantities of nonstructural fill shall be permitted for landscaping, and for drainage purposes under and around buildings. (2) Nonstructural fill with finished slopes that are steeper than one unit vertical to five units horizontal shall be permitted only when an analysis prepared by a qualified registered design professional demonstrates no harmful diversion of floodwaters or wave runup and wave reflection that would increase damage to adjacent buildings and structures. 30 (3) Alteration of sand dunes shall be permitted only when the engineering analysis required by Section 105-3(4) of this Chapter demonstrates that the proposed alteration will not increase the potential for flood damage.
(4) Sand dune construction and restoration of sand dunes under or around elevated buildings are permitted without additional engineering analysis or certification of the diversion of floodwater or wave runup and wave reflection when the scale and location of t he dune work is consistent with local beach- dune morphology and the vertical clearance is maintained between the top of the sand dune and the lowest horizontal structural member of the building.
Sec. 112-8. - Other site improvements in coastal high hazard areas (Zone V/VE) and Coastal A Zones. Development and site improvement activities other than buildings and structures, where located in coastal high hazard areas (Zone V/VE) and Coastal A Zones, shall be permitted only when authorized by appropriate federal, state or local authorities. In addi tion, development and site improvement activities shall be permitted when located outside the footprint of, and not structurally attached to, buildings and structures and when analyses prepared by qualified CA License Civil design professionals demonstrate no harmful diversion of floodwaters or wave runup and wave reflection that would increase damage to adjacent buildings and structures. Such development and site improvement activities include but are not limited to:
(1) Bulkheads, seawalls, retaining walls, revetments, and similar erosion control structures. (2) Solid fences and privacy walls, and fences prone to trapping debris, unless designed and constructed to fail under flood conditions less than the base flood or otherwise function to avoid obstruction of floodwaters.
(3) On-site sewage treatment and disposal systems, including mound systems.
ARTICLE 113 INSTALLATION OF MANUFACTURED HOMES
Sec. 113- 1. - Installation. 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 this Chapter. In addition to permits pursuant to this Chapter, permits from the HCD are required where the HCD is the enforcement agency for installation of manufactured homes. Upon completion of installation and prior to the final inspection by the City Administrator, the installer shall submit certification of the elevation of the manufactured home, prepared by a California Licensed Land Surveyor or Civil Engineer, to the City Administrator.
Sec. 113-2. - Foundations. All new and replacement manufactured homes, including substantial improvement of manufactured homes installed in flood hazard areas shall be installed on permanent, reinforced foundations that:
(1) In flood hazard areas other than coastal high hazard areas and Coastal A Zones, are designed in accordance with the foundation requirements of Section R 306.2 of the Residential Code (CCR Title 24 Part 2.5) and this Chapter. Foundations for manufactured homes subject to Section 304-5 of this Chapter are permitted to be reinforced piers or other foundation elements of at least equivalent strength.
31 (2) In coastal high hazard areas (Zone V/VE) and Coastal A Zones, are designed in accordance with the foundation requirements of Section R306.3 of the Residential Code (CCR Title 24 Part 2.5) and this Chapter.
Sec. 113- 3. - Anchoring. All new and replacement manufactured homes to be placed or substantially improved in a flood hazard area shall be installed using methods and practices which minimize flood damage and shall be securely anchored to an adequately anchored foundation system to resist flotation, collapse and lateral movement. Methods of anchoring are authorized to include, but are not limited to, use of over -the-top or frame ties to ground anchors. This requirement is in addition to applicable State and local anchoring requirements for resisting wind loads and seismic loads.
Sec. 113-4. - General elevation requirement. Unless subject to the requirements of Section 304- 5 of this Chapter, all manufactured homes that are placed, replaced, or substantially improved on sites located: (a) outside of a manufactured home park or subdivision; (b) in a new manufactured home park or subdivision; (c) in an expansion to an existing manufactured home park or subdivision; or (d) in an existing manufactured home park or subdivision upon which a manufactured home has incurred "substantial damage" as the result of a flood, shall be elevated such that the lowest floor, or bottom of the lowest horizontal member of the lowest floor, as applicable to the flood hazard area, is at or above the base flood elevation.
Sec. 113- 5. - Elevation requirement for certain existing manufactured home parks and subdivisions. Manufactured homes that are not subject to Section 304-4 of this Chapter, including manufactured homes that are placed, replaced, or substantially improved on sites located in an existing manufactured home park or subdivision, unless on a site where substantial damage as a result of flooding has occurred, shall be elevated such that either the:
(1) Lowest floor, or bottom of the lowest horizontal structural member, as applicable to the flood hazard area, is at or above the base flood elevation. (2) Bottom of the frame is supported by reinforced piers or other foundation elements of at least equivalent strength that are not less than 36 inches in height above grade.
Sec. 113-6. - Flood damage-resistant materials. Materials below elevated manufactured homes shall comply with the flood- damage resistant materials requirements of Section R 306 of the Residential Code (CCR Title 24 Part 2.5).
Sec. 113-7. - Enclosures. Fully enclosed areas below elevated manufactured homes shall comply with the enclosed area requirements of Section R 306 of the residential code (CCR Title 24 Part
2.5).
Sec. 113- 8. - Protection of mechanical equipment and outside appliances. Mechanical equipment and outside appliances such as but not limited to air conditioners, furnaces, propane tanks, water heating equipment and electrical services boxes shall be elevated to or above the lowest floor or bottom of the lowest horizontal struct ural member of the manufactured home, as applicable to the flood hazard area.
Exception. Where such equipment and appliances are designed and installed to prevent water from entering or accumulating within their components and the systems are 32 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).
ARTICLE 114 RECREATIONAL VEHICLES
Sec. 114-1. - Temporary placement. Recreational vehicles in flood hazard areas, shall be placed on a site for less than 180 consecutive days or shall be fully licensed and ready for highway use.
Ready for highway use means the recreational vehicle is on wheels or jacking system, is attached to the site only by quick disconnect type utilities and security devices, and has no permanently attached additions, such as rooms, stairs, decks and porches.
Sec. 114-2. - Permanent placement. Recreational vehicles that do not meet the limitations in Section 305- 1 for temporary placement shall meet the requirements of Article 113 for manufactured homes.
ARTICLE 115 OTHER DEVELOPMENT
Sec. 115-1. - General requirements for other development. All development, including man- made changes to improved or unimproved real estate for which specific provisions are not specified in this Chapter or the building code, shall:
(1) Be located and constructed to minimize flood damage. (2) Meet the limitations of Section 303-4 of this Chapter when located in a regulated floodway. (3) Be anchored to prevent flotation, collapse or lateral movement resulting from hydrostatic loads, including the effects of buoyancy, during conditions of the design flood. (4) Be constructed of flood damage-resistant materials. (5) Have mechanical, plumbing, heating/cooling, ventilation, and electrical systems 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 per mitted below the design flood elevation provided it conforms to the provisions of the electrical part of the building code for wet locations.
Sec. 115-2. - Tanks. Tanks that serve buildings shall comply with the requirements of the building code. Underground and above -ground tanks that serve other purposes shall be designed, constructed, installed and anchored in accordance with ASCE 24.
Sec. 115-3. - Requirements for temporary structures and temporary storage in flood hazard areas. Temporary structures shall be erected for a period of less than 180 consecutive days and temporary storage of goods and materials shall be permitted for a period of less than 180 days.
Extensions may be granted in accordance with Section 104- 5 of this Chapter . In addition, the following apply:
33 (1) Temporary structures shall be anchored to prevent flotation, collapse or lateral movement resulting from hydrostatic loads, including the effects of buoyancy, during conditions of the design flood. Fully enclosed temporary structures shall have flood openings that are in accordance with ASCE 24 to allow for the automatic entry and exit of flood waters. (2) Temporary stored materials shall not include hazardous materials. (3) The requirements of Section 303-4 of this Chapter, when located in floodways.
Sec. 115- 4. - Fences in floodways. Fences in floodways that have the potential to block the passage of floodwaters, such as stockade fences and wire mesh fences, shall meet the limitations of Section 303-4 of this Chapter.
Sec. 115- 5. - Oil derricks. Oil derricks located in flood hazard areas shall be designed in conformance with flood loads required by the building code.
Sec. 115- 6. - Retaining walls, sidewalks and driveways in floodways. Retaining walls and sidewalks and driveways that involve placement of fill in floodways shall meet the limitations of Section 303-4 of this Chapter and the requirements for site grading in Chapter 18 of the B uilding Code.
Sec. 115-7. - Roads and watercourse crossings in floodways. Roads and watercourse crossings that encroach into floodways or riverine waterways with base flood elevations where floodways have not been designated, including roads, bridges, culverts, low -water crossings and similar means for vehicles or pedestrians to travel from one side of a watercourse to the other side shall meet the limitations of Section 303 -4 of this Chapter . Alteration of a watercourse that is part of work proposed for a road or watercourse crossing shall meet the requirements of Section 105-3(3) of this Chapter.
Sec. 115-8. - Swimming pools. Above-ground swimming pools, on-ground swimming pools, and in-ground swimming pools that involve placement of fill in floodways shall meet the requirement of Section 303- 4 of this Chapter . Swimming pools in coastal high hazard areas and Coastal A Zones shall be designed and constructed in accordance with ASCE 24.
ARTICLE 116 FLOOD CONTROL PROJECTS
Sec. 116-1. - Flood control projects; general. In addition to applicable Federal, State and other local permits, a permit for floodplain development is required for construction of flood control projects. The purpose for the permit is to examine the impact on flood hazard areas, floodways, and base flo od elevations shown on the FIRM. Unless otherwise authorized by separate regulations, issuance of this permit does not address the sufficiency of the structural elements of the proposed flood control project. Permits for floodplain development and building permits in areas affected by proposed flood control projects shall not be issued based on Conditional Letters of Map Revision issued by FEMA.
Sec. 116-2. - Flood control projects; applications. Applications for permits for flood control projects shall include documentation including but not limited to:
(1) Site plan or document showing the existing topography and the boundaries of the flood 34 hazard areas, floodway boundaries, and base flood elevations shown on the FIRM. (2) Site plan or document showing the proposed topography and the proposed changes to the boundaries of the flood hazard areas, floodway boundaries, and base flood elevations. (3) The documentation submitted to FEMA for a Conditional Letter of Map Revision (CLOMR) and, if issued, the Conditional Letter of Map Revision. Submittal requirements and processing fees shall be the responsibility of the applicant. A CLOMR is required when a proposed flood control project alters a floodway and increases base flood elevations more than greater than 0.00 feet, or alters a watercourse a riverine flood hazard area for which base flood elevations are included in the Flood Insurance Study or on the FIRM and floodways have not been designated and increases base flood elevations more than 1.0 foot.
SECTION 4. Applicability . This Ordinance shall apply to all applications for development, including building permit applications and subdivision proposals, submitted on or after the effective date of this Ordinance.
SECTION 5. Inclusion Into the Oakland Municipal Code as Chapter 15.80. It is the intent of the City Council that the provisions of this ordinance shall become and be made a part of the City of Oakland Municipal Code, and that the sections of this ordinance may be renumbered or relettered and the word “ordinance” may be changed to “chapter,” “section,” “article,” “regulation,” or such other appropriate word or phrase in order to accomplish such intentions.
SECTION 6. Compliance with the California Environmental Quality Act (“CEQA”).
The California Environmental Quality Act ( “CEQA”) Guidelines, Section 15308, categorically exempts actions taken by regulatory agencies, as authorized by state or local ordinance, to assure the maintenance, restoration, enhancement, or protection of the environment where the regulatory process involves procedures for protection of the environment. The City Council hereby finds that under Section 15308, this Ordinance is exempt from CEQA beca use it is an addition of public safety regulations enacted to avoid environmental impacts.
SECTION 7. Severability. If any section, subsection, sentence, clause or phrase of this Ordinance is for any reason held to be invalid or unconstitutional by decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of the Chapter. The City Council hereby declares that it would have passed this Ordinance and each section, subsection, clause or phrase thereof irrespective of the fact that one or more other sections, subsections, clauses or phrases may be declared invalid or unconstitutional.
35 SECTION 8. Effective Date. This ordinance shall become effective immediately on final adoption if it receives six or more affirmative votes; otherwise it shall become effective upon the seventh day after final adoption.
IN COUNCIL, OAKLAND, CALIFORNIA,
PASSED BY THE FOLLOWING VOTE:
AYES - BROWN, FIFE, GALLO, HOUSTON, RAMACHANDRAN, UNGER, WANG, AND
PRESIDENT JENKINS
NOES –
ABSENT –
ABSTENTION –
ATTEST:
ASHA REED
City Clerk and Clerk of the Council of the
City of Oakland, California
3464242v1/ BPM
36 1
NOTICE AND DIGEST
AN ORDINANCE: (1) REPEALING ORDINANCE NO. 12960 C.M.S. AND
REPLACING IT WITH THE ADDITION OF OAKLAND MUNICIPAL
CODE (O.M.C.) CHAPTER 15.80 TO SERVE AS THE CITY’S NEW
FLOODPLAIN MANAGEMENT ORDINANCE WITH THE INCLUS ION
OF REFERENCES TO FLOOD HAZARD MAPS ; (2) AUTHRORIZING
THE CITY ADMINISTRATOR TO DESIGNATE A FLOODPLAIN
ADMINISTRATOR TO ADMINISTER AND DEVELOP REGULATIONS
IN SUPPORT OF THE CHAPTER; AND (3) ADOPTING APPROPRIATE
CALIFORNIA ENVIRONMENTAL QUALITY ACT FINDINGS
The purpose of this newly adopted Chapter and the flood load and flood resistant construction requirements of the City’s locally implemented building codes are to promote the public health, safety and general welfare and to minimize public and private losses due to flood conditions in specific flood hazard areas through the establishment of a comprehensive set of regulations for the proper management of flood hazard areas. This Chapter is designed to set forth regulations that:
(1) Minimize unnecessary disruption of commerce, access, and public services during times of flooding; (2) Require the use of appropriate building and entitlement planning practices in order to prevent or minimize future flood damage; (3) Manage the alteration of natural floodplains, stream channels, and shorelines to minimize the impact of development on the natural and beneficial functions of the floodplain; (4) Manage filling, grading, dredging, mining, paving, excavation, drilling operations, storage of equipment or materials, and other development which may increase flood damage or erosion potential; (5) Prevent or regulate the construction of flood barriers which will divert floodwater or increase flood hazards; (6) Contribute to improved construction techniques in the floodplain; (7) Minimize damage to public and private facilities and utilities; (8) Help maintain a stable tax base by providing for the sound use and development of flood hazard areas; (9) Minimize the need for rescue and relief efforts associated with flooding; (10) Ensure that property owners, occupants, and potential owners are aware of property located in flood hazard areas; (11) Minimize the need for future expenditure of public funds for flood control projects and response to and recovery from flood events; (12) Meet the requirements of the National Flood Insurance Program for community participation as set forth in Title 44 Code of Federal Regulations, Section 59.22.