Loading...
HomeMy WebLinkAboutAgenda Report - June 3, 1987 (90)r�>v-NCjj. rOMMITNICArio__ r �4l TO THE CITY COUNCIL i FROM. THE CITY MANAGER'S OFFICE SUBJECT: ADDRIPION, CI Flra) Z;E rv% y, i ;( ORBI?,1 198 RECOMMENDED ACTION: The City Council adopt a Flood Damage Prevention Ordinance which conforms to the requirements of the ;-ederal Emergency Management Agency 'FEMA) and the State Department of Water Resources. The City of Lode has had "Floodplain BACKGROUND INFORMATION: ---- Zoning'; in place since 1973 when the City's first flood hazard studies were conducted by state and federal agencies. This zoning classif:cat?on L pur-'hale Flood Insurance and to receive made our citizens eligible grants and loans from Federal agencie,, in connection with flood damage. During the last couple of years FEMA has had s new flood hazard study completed and the results of that study will he in effect June 18, 1987. In order to assure our citizens of continued Flood Insurance and grants and aids, the City Council must adopt a new ms to Federal and State requirements.Ordinance which confor The Model Ordinance which is being recommended management City Council has no conflicts with our present floodplain � A� � 3 es . Schroe er mmunity Development Director Attachments GECAGE DEUKME)�AN. Go. —O' Steri OF CAWORNIA—THE RESQUR:E`_AGErCI —_ -- --- — -- i]EPARTMENT OF WATER RESOURCES �. tom., lata NIW.M STREET. PC gOz 742E3c SA;RAME hi?Q, CA Va23D-7O'�' (V 16 AA •.. V";AS May 4, 1987 TO: Floodplain Administrator Management Effective October 1. 1986, the Federal ETnergency ony (FEi'�A) ce changed some Of the rules govenitthein NteaFederal�gistFlood InsuyerndateioMonda}', (;,gip) . These changes Fere published August 25, 1986 on pages 30290-30318. As a participant in the N�ttianal Flood Insurance Program, Your community has agreed to adopt and enioree a floodplain managewwnt ordinancllwFe4uire complies with the rules of the R'FIP• The recent „ees reluirednthatges ~each a revi=_ion tc year current ordinance. i1,I,e q 'Regional Director community .revise its Ordinance by April 1, 1987• The pcified period ser of Region IN FE"'u+ has extended this deadline for an unsp that the Department of Water Resources (D�+'R) may Fork with California communities on their revisions on behalf of FE`5i,. h fully cOmolies odel” floodplain management ordinance which the current minimum requirements of the may The ilodto yo rrcoa ll Enclosed is a "msnunity. aspects of the program, including some which may not apply which There are instructions at the end re delete gedttonretain inrom etheirlordinance are not applicable. CaMnunf tieectseahich are more stringent than FE A s or to adopt any appropriate asp minimum standards. ist ou Also enclosed is an Ordinance Review or'm to asvie�:sformycontin ainsvh 34 itemsand adequacy of your current orn which items appear in the AT.FIP rules. (A copy is organized in the order in gelseach of of the latest NFIPrules i(1)nthessectioned for readv enumberwhere c ,, that provision is the provisions is found: found in *.he NF rules; (2) the section number where that provision s found in the model ordinance; and (3) a blank which you fill in with the provision is to be found in your proposed ordinance. section number where that ify all If a number of changes are needed, or if itoustQiadoctlthe omodel tordinance. P provisions in your ordinance we encourage the Y oropriate deletions and the When using the model, be youealreadyJhave whichyouwant to retain. more stringent standards y , Floodplain Ad'ii':i�trator Page 2 *,a,: 1987 To ensure that your revised ordinance fully complies with -CO Y therevised please send within 30 days of receipt of this letter a copy to. ordinance revision plus the completed ordinance review form Department of Water Resources Central District 3251 S Street Sacramento, CA 95816 Attr.: Matt hillirg If you need an extension of time or have any questions, please call Matt Hilling at (916) 445-6518. You The ordinance will be reviewed by the District staff and returned to send with their COMMents. When your updated ordinan;e is adopted, to the sa*re a copy to the Regional Director, Region 1�3 Fes`^' D1,TR District Office as abo•e. We thank you for your cooperation and we will make every effort to assist you in the review process. Sincerely, -stN�Y A. Jean Brown State Coordinator, FPM Enclosures — Mn a . A44"" E Federal Emergency Manageinent Agencr 7.7 CERTIFIED MAIL RETURN RECEIPT REQUESTED The Honorable David Hinchman Mayor, City of Lodi San Joaquin Countv 221 West Pine Street Lodi, California 95240 Dear Mayor Hinchman: The National Flood Insurance Program (NFIP) regulations (copy enclosed) require participating communities to adopt certain floodplain management measures. Please consider this an official notice that the City of Lodi has until June 18, 1987, to adopt floodplain management measures which satisfy the requirements of Section 60.3(d) of the regulations and have them approved by our Regional Office. Your community will be suspended from the NFIP effective that date unless these measures are received and approved by then. This will be your final notice of suspension. I realize that your community may be in the fin<L adoption process, or you may have recently adopted the required measures. These measures, which should be submitted to the Chief, Natural and Technological Hazards Division of the Federal Emergency Management Agency, Presidio of San Francisco, Building 105, San Francisco, California 94129 will be reviewed upon. receipt. Our Regional Office staff will inform you of your community's continued eligibility if your measures are approved, or will assist your community if they find your measures to be deficient. As in previous correspondence, we urge you to contact our Regional Office 1, your community is encountering difficulties in enacting the required measures. Our Regional Office can be reached at (415) 923-7175. It should be emphasized that flood insurance may not be sold or renewed within suspended communities. In addition, such communities are subject to the provisions of Section 202(a) of Public Law 93-234, as amended. This Section prohibits Federal officers or agencies from approving any form of loan, grant, guaranty, insurance, payment, rebate, subsidy, disaster assistance loan or grant (in connection with a flood), or any other form of direct Federal assistance, other than general or special revenue sharing or formula grants made to States, for acquisition or construction purposes within your community's special flood hazard areas. Included in this prohibition, for example, is the making of mortgage loans guaranteed by the Veterans Administration or insured by the Federal Housing Administration. Approval of mortgage loans, secured by homes or farm buildings, by the Farmers home Administration is similarly proscribed. 2 Section 202(b) of Public Law 93-234, as amended, also requires federally regulated lending institutions to notify, as a condition of making, increasing, extending, or renewing any loan secured by improved real property situated in such special flood hazard areas, the purchaser or lessee of such property of whether, in the event of a disaster caused by flood to such property, Federal disaster relief assistance will be available to such property. Again, we urge you to contact our Regional Office staff if you need assistance or have any questions. Sincerely, Harold T. Duryee Administrator Federal Insurance Aaministration Enclosure FLOOD DAMAGE PREVENTION ORDINANCE STATUTORY AUTHORIZATION, FINDINGS OF FACT, PURPOSE AND METHODS 1.1 STATUTORY AUTHORIZATION. The Legislature of the State of California has in Government Code Sections 65302, 65560 and 65800 conferred upon local government units authority to adopt regulations designed to promote the public health, safety, and general welfare of its citizenry. Therefore, the City Ccuncil of the City of Lodi does ordain as follows: 1.2 FINDINGS OF FACT A. The flood hazard areas of City of Lodi are subject to periodic inundation which results in loss of lite and property, health and safety hazards, disruption of commerce and governmental services, extraordinary public expenditures for flood protection and relief, and impairment o the tax base, all of which adversely affect the public health, safety and general welfare. B. These flood losses are :.aused by the cumulative effect of obstructions in areas of special flood haTards which increase flood heights and velocities, and when inadequately anchorEd, damage uses in other areas. lases that are inadequately floodproofed, elevated or otherwise protected from flood damage also contribute to the flood loss. 1.3 STATEMENT OF PURPOSE. it is the purpose of this ordinance to promote the public health; safety, and gene:al welfare, and to minimize public and private losses due to flood conditions in specific areas by provisions designed: A. To protect human life and health; B. To minimize expenditure of public money for costly flood control projects. C. To minimize the need for rescue and relief efforts associated with flooding and generally undertaken at the expense of the general public; 0. To minimize prolonged business interruptions; E. To minimize damage to public facilities and utilities such as water and gas mains, electric, telephone and sewer lines, streets and bridges located in areas of special flood hazard; F. To help maintain a stable tax base by providing for the second use and development of areas of special flood hazard so as to minimize future flood blight areas; G. To insure that potential buyers are notified that property is in an area of special flood hazard; and -1- _ To insure that those who occupy the areas of special flood hazard assume responsibility for their action?s. 1.4 METHODS OF REDUCING FLOOD t.OSSES. 1n order to accomplish its purposes, this ordinance includes methods and provisions for: A. Restricting or prohibiting uses which are dangerous to health, safety, and property due to water or erosion hazards, or which result in damaging increases in erosion or flood heights or velocities; B. Requiring that uses vulnerable to floods, including facilities which serve such uses, be protected against flood damage at the time of initial construction; C. Contrc,lling the alteration of natural floodplains, stream channels, and natural protective barriers, which h6ip accommodate or channel flood waters; D. Controlling filling, grading, dredging, and other development which may increase flood damage; and, E. Preventing or regulating the construction of flood barriers which will unnaturally divert flood waters or which may increase flood hazards in other areas. -2- SECTION 2.0 DEEINITTONS Unless specifically defined below, words or phrases used in this ordinance shall be interpreted so as to give them the meaning they have in common usage and to give this ordinance its most reasonable application. "Appeal" means a request for a review of the Floodplain Administrator's interpretation of any provision of this ordinance or a request for a variance. "Area of shallow floodin " means a designated A0, 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. "Area of special flood hazard" - See "Special flood hazard area". "Base flood" means the flood having a one percent chance of being equalled or exceeded in any given year (also called the "100 -year flood"). "Basement"" means any area of the building having its floor subgrade (below ground evve j o a'1 sides. "Breakaway walls" are any type of walls, whether solid or lattice, and whether constructed of concrete, masonry, wood, metal, plastic or any other suitable building material which is trot part of the structural support of the building and which is designed to b.-eak away under abnormally high tides or wave action without causing any damage to the structural integrity of the bu'.Iding 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 ten and no more than twenty pounds per square foot. Use of breakawav walls must be certified by a registered engineer or, architect and shall meet the following conditions: 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. "Development" means any man-made change to improved or unimproved real estate, including but not limited to buildings or other structures, mining, dredging, filling, grading, paving, excavation or drilling operations. "Flood or floodin " means a general and temporary condition of partial or complete nundation of normally dry lard areas from (1) the overflow of flood waters, (2) the unusual and rapid accumulation or runoff of surface water from any source, and/or (3) the collapse or subsidence of land along the shore of a lake or other body of water as a result of erosion or ur:ermining 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 -J- tidal surge. or by some similarly unusual and unforeseeable eVC'7't ;��' i`h resin '.s 5n flooding as :Iefined in this definition. "Flood Boundary and Flood:�a� mean.'_ the official 1:,ap on :ihici� the Fede+`a Emergency Management •gency or Federal Insurance Administration has delineated beth the areas of flood hazard and the floodway. "Flood Insurance Rate Map (FIRM)" means the official map on which the Federal Emergency Management Agency or Federal Insurance Administration has delineated both the areas of special flood hazards and the risk premium zones applicable to the community. "Flood Insurance Study" means the official report provided by the Federal Insurance Administration that includes flood profiles, the FIRM, the Flood Boundary and Floodway Map, and the water surface elevation of the base flood. "Floodplain. or flood -prone area" means any land area susceptible to being inundated by water from any source (see definition of "flooding"). "Floodplain management" means the operation of an overall program of corrective and preventive measures for reducing flood damage, including but not managementidto emergency preparedness plans, flood control works and floodplain regulations. "Floodplain management. regulations" means zoning ordinances, subdivision regu ations, bui ding codes, hea tai —regulations, special purpose ordinances (such as floodplain ordinance, grading ordinance and erosion control ordinance) and other tions appiications of police power. The tertr descries inatior• thereof which provide standards for hthea purpose stte or ocof flood al adamage any comb in prevention and reduction. "Floodproofing" means any combination of structural and nonstructural additions, changes, or adjustments to structures which reduce or eliminate facilities, structures and their contents. "Floodway„ means the channel of a river or other watercourse and the adjacent and areas that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation more than one foot. Ilso referred to as "Regulatory floodway". "Functionally dependent use" means a use which cannot perform aterntendedterm purpose un ess it is ocate or carried out in close proximity includes only docking facilities, port facilities that are necessary for the loading and unloading of cargo or passengers, and ship building and ship ir facilities, but does not include long-term storage or related manufacturing facilities. "Highest adjacentgrade" means the highest natural elevation of the ground surface prior to construction next to the proposed walls of a structure. "Lowest floor" means the lowest floor of the lowest enclosed area (including base►nent . An unfinished or flood Pe?� tantareaother�thanbaebasementlely f area or a is � not ng f vehicles, building access or storage considered a building's lowest floor; provided, that such enclosure is not built -4- ,o tG render the structure In Vlofdtlon of i. t: ci=C} Iiu 1C rF-quirements of this orlin,nce. _�, r G cne or more sections "��ianutacturec; home means a u ure t1'd=b .. which is built on a permanent chassis and is designed for use with or without :r permanent foundation when connected to the required utilities. For floodplain management purposes the term "manufactured home" also includes Park railersl8G ravel trailers and other similar vehicles placed on a site for greater than consecutive days. "Manufactured home park or subdivision" means a parcel (or contiguous parcels) of and divided into two or more manu actured borne lots for sale or rent. "Mean sea level" means, for purposes of the National Flood insurance Program, the National Geodetic Vertical Datum (NVD) of 192° or other datum- to which base flood elevations shown on a comrrun:tv's Flood Insurance Pate Ma;, are referenced. "New construction" means, for floodplain manaacment purposes, structures for which the 'start of construction commenced on or after the effective date of a floodplain management regulation adopted by this community. "One hundred vear flood" or "1000 -Year flood" means a flood which has a one to the percent annua probabi ity of being equaled or exceeded. It i, identical "base flood", which will be the term used throughout this ordinance. "Person" means an individual or his agent, firm, partnership, association or corporation, or agent of the aforementioned groups, or this state or its agencies or political subdivisions. "Remed a violation" means to bring the structure or other development into -omp iance with State or local floodplain management regulations, oi, if this ma i be of possible, to reduce the impacts of its noncompliance, Ways p y reduced include protecting the structure or other affected development from flood damages, implementing the enforcement provisions of the ordinance or otherwise deterring future similar violations, or reducing Federal financial exposure with regard to the structure or other development. "Riverine" means relating to, formed by, or resembling a river (including tri utaries), stream, brook, etc. ood or "Special flood hazard area S(SFHA)"ownaon an FHBM oran area aving FIRM aspecial Zone A,1 A0, Al -30, food -re ated erosion hazards, and AE, A99 or AH. "Start of Construction" includes substantial improvement, and means the date the bui ing permit was issued, provided the actual start of construction, repair, reconstruction, placement, or other improvement was within 180 days of the permit date. The actual start means either the first placement of permanent ;onstruction of a structure on a site, such as the pouring of slab or footings, the installation of piles. the construction of columns, or any work beyond the stage of excavation; or the placement of a manufactured home on a foundation. Permanent construction does not include land preparation, such as clearing, grading and filling; nor does it include the installation of streets and/or walkways; nor does it include excavation for a basement, footings, piers, or foundations or the erection of -J- tempc,rary forms; nor does it include the installation on the propeirty of ­cessory buildings, such as garages or sheds not occupied as dwelling units or not part of the main structure. "Structure" means a walled and roofed building, including a gas or liquid storage tank, that is principally above ground, as well as a manufactured home. "Substantial improvement" means any repair, reconstruction, or improvement of a structure, the ccst of which equals or exceeds 50 percent of the market value of the structure either: (1) before the improvement or repair is started; or (2) if the structure has been damaqed, and is beinq restored, before the damage occurred. For the purposes of this definition "substantial improvement" is considered to occur when the first alteration of any wall:, ceiling, floor, or other structural part of, the building commences, whether or not that alteration affects the external dimensions of the structure. The term does not, however, include either: (1) any project for improvement of a structure to comely with existing state or local health, sanitary, or safety code specifications which are solely necessary to assure safe living conditions; or (2) any alteration of a structure listed on the National Register of Historic Places or a State Inventory of Historic Places. "Variance" means a grant of relief from the requirements of this ordinance which permits construction in a manner that would otherwise be prohibited by this ordinance. "Violation" means the failure of a structure or other development to be fully compliant with the community's floodplain management regulations. R structure or other development without the elevation certificate, other certifications, or other evidence of compliance required in this ordinance is presumed to be in violation until such time as that documentation is provided. SECTION 3.0 GENERAL PROVISIONS 3.1 LANDS TO WHICH THIS ORDINANCE APPLIES. This ordinance shall apply to all areas of special flood hazards, with the 'urisdiction of the City of Lodi - 3. 2 odi.3.2 BASIS FOR ESTABLISHING THE AREAS OF SPECIAL FLOOD HAZARD. The areas of f,,ecial flood hazard, identified by the Federal Emergency Management Agency or the Federal Insurance Admi,o stration in a scientific and engineering report entitled "Flood Insurance Study for City of Lodi dated June 18, Ip87, with an accompanying Flood Insurance Rate map is hereby adopted by reference and declared to be a part of this ordinance. This Flood Insurance Study is on file at City Hall, 221 West Pine Street, Lodi, California 95240. This Flood Insurance Study is the minimum P -.-ea of applicability of tnis ordinance and may be supplemented by studies for other- areas which allow implementation of this ordinance and which are recommended to the City Council by the Floodplain Administrator. 3.3 COMPLIANCE. No structure: or land shalt hereafter be constructed, located, extended, converted, or altered without full compliance with the terms of this ordinance and other applicable regelations. Violations of the provisions of this ordinance by failure to comply with any of its requirements (including violations of conditions and safeguards established in connection with conditions) shall revent the Cty constitute necessary to preventlorp remedy any i?olatiil from taking on� 3.4 ABROGATION AND GREATER :tESTRICTI-.NS. This ordinance is not intended ded to repeal, ahrogate, or impair any existing easements, covenants. restrictions. However, where this ordinance and another ordinance, easement, covenant, or deed restriction conflict or overlap, whichever imposes the more stringent restrictions hall prevail. 3.5 INTERPRETATION. In the intPrpreta' on and application of this ordinance, all provisions shall be: A. Considered as minimum requirements; B. Liberally construed in favor of the governing body; and, C. Deemed neither to limit nor repeal any other powers granted under state statutes. 3.6 DARNING AND DISCLAIMER OF LIABILITY. The degree of flood protection ordinance is considered reasonable for regulatory purposes required by this acid is based on sciYntitic and engineering considerations. Larger floods can and will occur on rare occasions. Flnod heights may be increased by man-made or natural causes. This ordinance does not imply that land outside the areas of special flood hazards, or uses permitted within such areas will be free from flooding o flood damages. This ordinance shall not create liability on the part of City of Lodi, any officer or employee thereof, or the Federal Insurance Administration, for any flood damages that result from reliance on this ordinance or any administrative decision lawfully made thereunder. -7- 3.7 SEVERABILITY This ordinance and the various parts thereof are hereby declared to be severable. Should any section of this ordinance be declared by the courts to be unconstitutional or invalid, such decision shall not affect the validity of the ordinance as a whole, or any portion thereof other than the section so declared to be unconstitutional or invalid. -8- SECTION 4.0 ADMINISTRATION 1 ESTABLISHMENT OF DEVELOPMENT PERMIT. A Development Permit shall be obtained befor=e construction or development begins withiri any area o special flood haZarCs, established in Section. 3.2. Application for a Development Permit shall be made on fo mis furnished by the Floodplain Administrator and may include, but not be limited to: plans in duplicate drawn to scale showing the nature, location, dimensions, and elevation of the area in question; exiting or proposed structures, fill, storage of materials, drainage facilities; and the location of the foregoing. Specifically, the following information is required: A. Proposed elevation in relation to mean sea level, of the lowest floor (including basement) of all structures; in Zone AO or V0, elevation of highest adjacent grade and proposed elevation of lowest floor of all structures. t B. Proposed elevation in relation to mean sea level to which any structure will be floodproofcd; C. All appropriate certifications listed in Section 4.3.D of this ordinance; and D. Description of the extent to which an; watercourse will be altered or relocated as a result of proposed development. 4.2 DESIGNATION OF THE FLOUDPLA'N ADMINISTRATOR. The Community Development Director is hereby appointed to zuminister and implement this ordinance by granting or denying development permits in accordance with its provisions. 4.3. DUTIES AND RESPONSIBILITIES OF THE FLOODPLAIN ADMINISTRATOR. The duties and responsibilities of the floodplain administrator shall include, but not be limited to: A. Permit review. I. Review all development permits to determine that the permit requirements of this ordinance have been satisfied; 2. All other required state and federal permits have been obtained; 3. The site is reasonably safe from flooding. 4. The proposed development does not adversely affect the carrying capacity of the floodway. For purposes of this ordinance, "adversely affects" means that the cumulative effect of the proposed development when combined with all other existing and anticipated development will F_ not increase the water surface elevation of the base flood more than one: foot any point. B. Use of Other Base Flood Data. When base flood elevation data has not been provided in accordance with Section 3.2., the Floodplain Administrator shall obtain, review, and reasonably utilize any base flood elevation and ME floodway data available from a Feaer�:l, State or Other source, in order to admlr.ister Section 5.0. Any such information shall be submitted to the Ci -y Council for adoption. C. Whenever a watercourse is to be altered or relocated: 1. Notify adjacent communities and the California department of Water Resources prior to such alteration or relocation of a watercourse, and submit evidence of such notification to the Federal Insurance Administration; 2. Require that the flood carrying capacity of the altered or relocated portion of said watercourse is maintained., D. Obtain and maintain for public inspection and make available as needed: 1. the certification required in Section 5.1.C.1 (floor elevations); 2. the certification required in Section 5.I.C.22 (elevations in areas of shallow flooding): 3. the certification required in Section 5.1.C.3.c 'elevation or floodproofing of nonresidential structures); 4. the certification required in Section 5.1.C.4.a or 5.1.C.4.b (wet floodproofing standard); 5. the certified elevation required in Section 5.3.B (subdivision standards); 6. the certification required in Section 5.5A (floodway encroachments). E. Make interpretations where needed, as to the exact location of the boundaries of the areas of special flood hazards,(for example, where there appears to be a conflict between a mapped boundary and actual field conditions). The person contesting the location of the boundary shall be given a reasonable opportunity to appeal the in*erpretation as provided in Section 6.0-. F. Take action to remedy violations of this ordinance as specified in Section 3.3 herein. -10- e- SECTION 5. 0 PROVISIONS FOR FLOOD HAZARD REDUCTION 5.1 STANDARDS OF CONSTRUCTION. In all areas of special flood hal'-ds the following standards are required: A. Anchoring 1. All new constrriction and substantial improvements shall be anchored to prevent flotation, collapse or latera'i movement of the structure resulting from hydrodynamic and hydrostatic loads, including the effects of buoyancy. 2. All manufactured homes shall meet the anchoring standards of Section 5.4. B. Construction Materials and Methods. 1. All new construction and substantial improvements shall be constructed with materials and utility equipment resistant to flood damage. 2. All new construction and substantial improvements shall be constructed using methods and practices that minimize flood damage. 3. Al new construction and substantial improvere sshall and air be with electrical, heating, ventilation, plumbing conditioning equipment and other service facilities that are designed and/or located so as to prevent water from entering or accumulating within the components during conditions of flooding. 4. Require within Zones AH or AO adequate drainage paths around structures on slopes to guide flood waters around and away from proposed structures. C. Elevation and Floodproofing 1. New construction flo d sinc1�in9lbaserr�entmeelevated any to structure above shall have the lowest meet the the base flood elevation. Nonresidential structures may Upon the completion of the structure the standards in Section 5.1.C.3. elevation of tFe Lowes } floor o �nsurveyornt or shallbe by certified a registered pr g community building inspector to be properly elevated. Such certification or verification shall be provided to the Floodplain Administrator. artyture in 2. New construction and substantial improvement of basement,, elevated zone AH or AO shall have the lowest floor, including above the highest adjacent grade at least asfeet if high as the depth number deth specified in feet on the R°tucturesleast mayomeet thenstandardsuiner is specified. Nonresidential -11- Section 5,1,r.3. Upon the completion: of the structure the elevatioln o the lowest floor including basement shall be certified by a registered professional engineer or surveyor. or verified by the community building inspector to be properly elevated. Such certification or verification: shall be provided to the Floodplain Administrator. 3. Nonresidential construction shall either be elevated in conformance with Section 5.I.C.I. or 2.., or together with attendant utility and sanitary facilities: a. be floodproofed so that below the base flood level the structure is watertight with walls substantially impermeable to the passage of water; b. have structural components capable of resisting hydrostatic and hydrodynamic loads and effects of buoyancy; and C. be certified by a registered professional engineer or architect that the standards of this subsection, are satisfied. Such certifications shall be provided to the Floodplain Administrator. 4. Require, for all new construction and substantial improvements, that fully enclosed areas below the lowest floor that are subject to flooding shall be designed to automatically equalize hydrostatic flood forces on exterior wails by allowing for the entry and exit of floodwaters. Designs for meeting this requirement must either be certified by a registered professional engineer or architect or meet or exceed the following minimum criteria: a. Either a minimum of two openings having a total net area of not less than one square inch for every square foot of enclosed area subject to flooding shall be provided. The bottom of all openings shall be no higher than one foot above grade. Openings may be equipped with screens, louvers, valves or other coverings or devices provided that they permit the automatic entry anu exit of floodwaters; or b. Be certified to comply with a local floodproofing standard approved by the Federal Insurance Administration. 5. Manufactured homes shall also meet the standards in Section 5.4. 5.2 STANDARDS FOR UTILITIES A. All new and replacement water supply and sanitary sewage systems shall be designed to minimize or eliminate infiltration of flood waters into the system and discharge from systems into flood waters. B. On-site waste disposal systems shall be located to avoid impairment to them or contamination from them during flooding. -12- 5.; STANDARDS FOR SUBDIVISIONS. A. All preliminary subdivision proposals shall identify the ,-food hazard area and the elevation o: the base flood. B. All final subdivision plans will provide the elevation of proposed structure{s} and pads. If the site is filled above the base flood, the final pad elevation shall be certified by a registered professional engineer or surveyor and provided to the Floodplain Administrator. C. All subdivision proposals shall be consistent with the need to minimize flood damage. D. All subdivision proposals shall have public utilities and facilities such as sewer, gas, electrical and water systems located and constructed to minimize flood damage. E. All subdivisions shall provide adequate drainage to reduce exposure to flood hazards. 5.4 STANDARDS FOR MANUFACTURED HOMES. All new and replacement manufactured homes and additions to manufactured homes shall: A. Be elevated so that the lowest floor is at or above the base flood elevation; and B. Be securely anchored to a permanent foundation system to resist flotation, collapse or lateral movement. 5.5 FLOODWAYS. Located within areas of special flood hazard established in Section 3.2 are areas designated as floodways. Since the floodway is an extremely hazardous area due to the velocity of flood water which carry debris, potential projectiles, and erosion potential, the following provisions apply: A. Prohibit encroachments, including fill, new construction , substantial improvements, and other development unless certification by a registered professional engineer or architect is provided demonstrating that encroachments shall not result in any increase in flood levels during the occurrence of the base flood discharge. B. If Section 5.5.A is satisfied, all new construction and substantial improvements shall comply with all other applicable flood hazard reduction provisions of Section 5. -13- SECTION 6.0 VARIANCE PROCEDURES 6.1 APPEAL BOARD A. The City Council of City of Lodi sha'l hear and decide appeals and requests for variances from the requirements of this ordinance. B. The City Council shall hear and decide appeals when it is alleged there is an error in any requirement, decision, or determination made by the Floodplain Administrator in the enforcement or administration of this ordinance. C_ in passing upon such applications, the City Council shall consider all technical evaluations, all relevant factors, standards specified in other sections of this ordinance, and: 1. the danger that materials may be swept onto other lands to the injury of others; 2. the danger of life and propert•r due to flooding or erasion damage; 3. the susceptibility of the proposed facility and its contents to flood damage and the effect of such damage on the individual owner; 4. the importance of the services provided by the proposed facility to the cor nuni ty; 5. the necessity to the facility of a waterfront location, where applicable; 6. the availability of alternative locations for the proposed use which are not subject to flooding or erosion damage; 7. the compatibility of the proposed use with existing and anticipated development; 8. the relationship of the proposed use to the comprehensive plan and floodplain management program fore that area; 9. the safety of access to the property in time of flood for ordinary and emergency vehicles; 10. the expected heights, velocity, duration, rate of rise, and sediment transport of the flood waters expected at the site; and, 11. 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 system, and streets and bridges. -14- D. Generally, variances may be issued for new construction and substantial improvements to be erected on a lot of one-half acre or less in size contiguous to and surrounded by lots with existing structures constructed below the base flood level, providing items 6.1.C.I"through 6.1.C.11 have been fully considered. As the lot size increases beyond one-half acre, the technical justification required for issuing the variance increases. E. Upon consideration of the factors of Section 6.1.0 and the purposes of this ordinance, the City Council may attach such conditions to the granting of variances as it deems necessary to further the purposes of this ordinance. F. The Floodplain Administrator shall maintain the records of all appeal actions and report any variances to the Federal insurance Administration upon request. 6.2 CONDITIONS FOR VARIANCES A. Variances may be issued for the reconstruction, rehabilitation cr restoration of structures listed in the National Register of Historic Places or the State Inventory of historic Places, without regard to the procedures set forth in the remainder of this section. B. Variances shall not be issued within any designated floodway if any increase in flood levels during the base flood discharge would result. C. Variances shall only be issued upon a determination that the variance is the minimum necessary, considering the flood hazard, to afford relief. D. Variances shall only be issued upon: 1.a showing of good and sufficient cause; 2. a determination that failure to grant the variance would result in exceptional hardship to the applicant; and 3. a determination that the granting of a variance will not result in f increased flood heights, additional threats to public safety, F extraordinary public expense, create nuisances, cause fraud on or victimization of, the public, or conflict with existing local laws or ordinances. r E. Variances may be issued for new construction and substantial ; improvements and for other development necessary for the conduct of a functionally dependent use provided that the provisions of Sections 6.2.A through 6.2.D are satisfied and that the structure or other development is protected by methods that minimize flood damages during the base flood and A create no additional threats to public safety. K: F. Any applicant to whom a variance is granted shall be given written notice that the structure will be permitted to be built with a lowest flood elevation below the regulatory flood elevation and that the cost of flood insurance will be commensurate with the increased risk resulting from the reduced lowest flood elevation. A copy of the notice shall be recorded by the Floodplain Board in the office of the San Joaquin County Recorder and shall be recorded in a manner so that it appears in the chain of title of the affected parcel of land. NATIONAL FLOOD INSURANCE PROGRAM AND RELATED REGULATIONS Revised as of October 1, 1985 J ) Z C ~ Federal Emergency Management Agency t .. :.,: :....... r , . .; ,,. .. § 60.2 160.2 Minimum compliance with flood plain management criteria. (a) A flood -prone community apply- ing for flood Insurance eligibility shall meet the standards of 4 60.3(x) In order to become eligible If a FHBM has not been issued for the community at the time of application. Thereafter, the community will be given a period of six months from the date the Ad- miniatrutor provides the data set forth In 160.3 (b), (c), (d), or (e) In which to meet the requirements of the applica- ble paragraph. If a community has re- ceived a FHBM, but has not yet ap- plied for Program eligibility, the com- munity shall apply for eligibility di- rectly under the standards set forth in 4 60.3(b). Thereafter, the community will be given a period of six months from the date the Administrator pro- vides the data set forth in § 60.3 (c), (d), or (e) In which to meet the re- quirements of the applicable para- graph. (b) A mudslide (i.e., mudflow)-prone community applying for flood Insur- ance eligibility shall meet the stand• ards of § 60.4(a) to become eligible. Thereafter, the community will be given a period of six months from the date the mudslide (i.e., mudflow) areas having special mudslide hazards are delineated In which to meet the re- quirements of ¢ 60.4(b). (c) A flood -related erosion -prone community applying for flood insur- ance eligibility shall meet the stand- ards of I60.5(a) to become eligible. Thereafter, the community will be given a period of six months from the date the flood -related erosion areas having special erosion hazards are de- lineated in which to meet the require- ments of 4 60.5(b). (d) Communities identified in Part 65 of this subchapter as containing more than one type of hazard (e.g., any combination of special flood, mudslide (i.e., mudflow), and flood -re- lated erosion hazard areas) shall adopt flood plain management regulations for each type of hazard consistent. with the requirements of 15 60.3, 60.4 and 60.5. (e) Local flood plain management regulations may be submitted to the State Coordinating Agency designated pursuant to 160.25 for its advice and 44 CFR Ch. 1 (10-1-85 Edition) concurrence, The submission to the State shall clearly describe proposed enforcement procedures. (f) The community official responsi- ble for submitting annual or biennial reports to the Administrator pursuant to 4 59,22(b)(2) of this subchapter shall also submit copies of each annual or biennial report to any State Coordi• nating Agency. (g) A community shall assure that its comprehensive plan is consistent with the flood plain management ob- jectives of this part. (it) The community shall adopt and enforce flood plain management regu- lations based on data provided by the Administrator. Without prior approval of the Administrator, the community shall not adopt and enforce flood plain management regulations based upon modified data reflecting natural or man-made physical changes. 141 FR 48975, Oct. 26, 1976. Redesignated at 44 FR 31177, May 31, 1979, and amended at 48 P'R 29318, June 24. 1983; 48 Fit 44552, Sept. 29, 1983; 49 FR 4751, Feb. 8, 1984; 50 FR 36024, Sept. 4, 19851 Errxmivx Der[ NOTE: At 50 Fit 36024, Sept. 4. 1985, 160.2(h, was amended by adding, after the word "annual" both times It appears the phrase. "or biennial", effec• tive January 1, 1988, 13 60,3 Flood plain management criteria for noW-prone areas. The Administrator will provide the data upon which flood plain manage- ment regulations shall be based. If the Administrator has not provided suffi- cient data to furnish a basis for these regulations in a particular community, the community shall obtain, review and reasonably utilize data available from other Federal, State or other sources pending receipt of data from the Administrator. However, when special flood hazard area designations and water surface elevations have been furnished by the Administrator, they shall apply. The symbols defining im,f,:h special flood ha -ard designations are set forth In 184.3 of this subchap. ter. In all eases tlee minimum require- ments governing the adequacy of the flood plain management regulations for flood -prone areas adopted by a particular community depend on the amount of technical data formally 176 Federal Emergency Management Agency provided to the community by the Ad- minisLrator. Minimum standards for communities are as follows: (a) When the Administrator has not defined the special flood hazard areas within a community, has not provided water surface elevation data. and has not provided sufficient data to Identify the floodway or coastal high hazard area, but the community has indicated the presence of such hazards by sub• mitting an application to participate In the Program, the community shall: (l) Require permits for all proposed construction or other development In the r,immunity. including the place- men' noblle homes, so that It may de' ac whether such construction or Daher development. Is proposed within flood -prone areas; (2) Review proposed development to assure that all necessary permits have been received from those governmen- Lai agencies from which approval is re. quired by Federal or State law, includ- ing section 404 of the Federal Water Pollution Control Act Amendments of 1972, 33 U.S.C. 1334; (3) 13eview all permit applications to determine whether proposed building sites will be reasonably safe from flooding. If a proposed building site is In a flood prone arca, all new construc- tion and substantial Improvements (in- cluding the placement of prefabricat- ed buildings and mobile homes) shall (1) be designed (or modified) and ade- quately anchored to prevent flotation, collapse, or lateral movement. of the structure, (it) be constructed with ma terials and utility equipment resistant, to flood damage, and (iii) be construct- ed by methods and practices that min. Irnize flood damage; (4) Review subdivision proposals and other proposed new development to ,:, tenntne whether such proposais will be reasonably safe from flooding. if it subdivision proposal or other Proposed new development is In a flood -prone, area, any such proposals shall be re- viewed to assure that (i) all such pro posals are consistent with the recd to minimize flood damage within the flood -prone area, 0D all public utilities and facilities, such is sewer, gas, elec- trical, and wafer systems are located and constructed to minimize or Himi- nate flood damage, and (tit) adequate • 60.3 drainage is provided to reduce expo- sure to flood hazards; (5) Require within flood -prone areas new and replacement water supply systems to be designed to minimize or eliminate infiltration of flood waters Into the systems; and (6) Require within flood prone areas (i) new and replaeen)cilL sanitary sewage systems to be deswitcd to ridid- mize or eliminate infiltration of flood waters into the systems avid discharges from the systems talo flood waters and (it) onsite waste disposal systems to be located to avoid impairment to them or conLamina(ion from 11—m during flooding. (b) When the Administrator has .cs- ignated areas of special flood hazards (A zones) by the pubhcaLron of it coin• munity's F1111M or FIT.M, but has net. ther produced water surface elevation data nor Identified a floodwa.v or coastal high hazard area, the comm)• pity shall: (1) Require permits for alt proposed construction and other devi-lownvuls including the placcnu•nl of moble homes, within 'Lone A on the contrttu- pity's HIBM or FIRM; (2) Require the appiicahnn of the standards in paragraphs (a) (t), (:1), (4). (5) and (6) of this sect ton to devel- opment within Zone A on the compo• nity's 101113M or FiRM; (3) Require that all subdivision pro. posals and other proposed new de.vel• opmenLs greater than 50 InLs n- 5 acres, whichever is the lesser, in c Within such propospls bast- flood e•...a- tion data; (4) Obtain, review. and reasonably utilize any bac flood elevation data available from a Yrd, ril. State, or Other source, MILO snch other data has been provided by Ow Admini:itralor. as criteria for rcquinnt, that (1) all new const.rM.1ion and suhstantiai irnpro%v nients of residelitia! sUuc(un•:, have the lowest flour (includinya 1)rLuIoCol) elevated Lo or above llu Uwsr flood level and (ii) ,Ili new constraietioo and substantial iit, proveauevats of i(oaire:ii dential stnu:Lures Dace the lowest floor (inciu(htit, b.uemcnU e•ir-vatod or floodproofed to or nt;ove Lite bloc flood keel; (5) Wilkin 'Lone A lin a comp olllL5 .% plILIM or piltM: (i) Obtaiu the eleva. 177 r. M ` � pav cr..' ✓'iter. ` . iii �, � _ " .,�e � 9..� ,� u Mr,{' �" � ; x '1- ,'' � 3 a.. � h : � . �: ; S+� •.� �r� ' �`' $ Federal Emergency Management Agency and pads equals or exceeds 500/v of the value of the streets. utilities and pads before the repair, reconstruction or improvement has commenced, have elevated tothe lowest orabove r of hthe blase flood level. (6) Require that all mobile homes to be placed within Zones Al -30 and AE on the community's FIRM, which are not to be placed Into a mobile home park or mobile home subdivision. have the lowest floor of the mobile home elevated to or above the base: flood level. (7) Require within any AO zone on the community's FIRM that all new construction and substantial improve- ments of residential structures have the lowest floor (including basement) elevated above the highest adjacent trade least as epth mbertsp specified Inif et on thegh as the dcom- munity's FIRM (at least two feet if no depth number is apecifled); (8) Require within any AO zone on the community's FIRM that all new tantial improve- construction of nonresidenitial stru turres (f) have tale lowest floor (including base• ment) elevated above the highest ROL- cent grade at least as high as the depth number specified in feet on the o feet it no depth number isunity's FIRM aspectlled), or (11) together with attendant utility and sanitary facilities be completely flood• floodprooIfo ingthat s�dard specified the in 160.3(c)(3)(ID, (9) Require within any A99 zones on a community's FIRM the standards of nparagraphs g(b)(6) through (b)(9)gOf this sec. tion: (10) Require until a regulatorY noodway is designated, that no new construction. substntlal Improve- ments, or other development (includ wlih n Ing fill) shall be permitted communi- ty'sFIRM, unless Eltois demmns aced that the cumulative effect of the pro- posed develOp(nent, when combined with all other exlsting and anticipated development, will not incres- a the water surface elevation of the ta flood more than one foot at any point within the community. 6 60.5 (11) Require within Zones AH and AO, adequate drainage DaLhs Mond structures on slopes, t guide floowa• ters around and away from prapasedi structures. (d) When the Administrator has pro• vided a notice of final base flood cleva- dons within Zones AI -3o and/or Al` on the community's FIRM and, If ap- propriate, has designated AO zones. AHzones, A99 zones. and A zones on the community's FIRM and has pro- vided data from which the community shall designate Its regulatory flood - way, the community shill: (1) Meet the requirements of pa il- graphs (c) (1) through (11) of the w: - Lion; (2) Select and adopt a regu) y floodway based on the principle jit the area chosen for the regulatory floodwaY must be designed to carry the waters of the. base flood, without increasing the water surface elevation of that flood more than one foot at any point; (3) Prohibit encroachments, Inciud• Ing fill, new construction, substantlal improvements, and other development within the adopted regulatory flood• way that would result In any Increase in fl(,od levels within the community dura• the occurrence of the base flood discharge; (4) Prohibit the placement of any mobile homes, except ;n an existing mobile home park or mobile home sub' division, within the adopted regula• tory floodway, (e) When the Administrator has pro- vided a notice of final hose flood +a tions within Zones Al -30 and/, AE on the community's FIRM and, If ap- propriate, has designated All zones, the communiitY's FIRMand anA7x)nes On d has Iden, tified on the community's FIRM "I st• al high hazard areas by designating Zone:: V1-30, VE, and/or V. the coum• munity shall: (1) Meet the requirements of para graphs (00) through (11) of this sec- tion; (2) Within Zones V1-30, V13, and V on a community's P'Ilthl. (1 ) obtain the elevation (in relation to mean sca level) of the bottom of the IOvvest structural member of the lowest floor (excluding Pilings and columrs) of all 179 44 CFR Ch. 1 (10.145 Edition) § 60 .3 Lion (in relation to mean sea level) of and AO zones, on tine community's the lowest, floor (including basement) FIRM: or r) Require that all new tion substantiallyof all new heror notsuch structures, andh andsubstantial Improvements ofcresi. dential structures within Zones AI -30, structures contain .% basement. (11) obtain. if the structurt has been flood. AE and AH zones on the community's FIRMeelevated st norraboveding the proofed. the elevation in relation to basem nt)the mean sea level) to which toe.: :.uc�u.. was f and in a bt,.:- flood level, unless tby the Admin - s an exception such Infed, eco do ofP all ormation tionawith the official designated by the cornmu- granted ments and/orator for the stormlowance of base cei ars In accord - under § 59.2 riven) sit (8) Notify, is ries ne situations, ad- (6) ante with § 60,6(b)(3) and (b)(4): (3) Require that all new construction jacent communities and the State Co- and substantial Improvements of non- Ottiee prior to any alter- residentiai structures within Zones residential ation or relocation of a watercourse, Ai-30AE and AH zones on the com- and submit copies of such notifications , munity'a firm (1) have the lowest floor to the Administrator; (including basement) elevated to or (7) Assure that the flood carrying ca- above the base flood lev^t or, (11) t- pacity within the altered or relocated gether with attendant utility and sant• portion of any watercourse s main- Lary facllitles, be designed so that talned; below the base flood level the struc- (8) Require that all mobile homes to ture is watertight with walls substan- be placed within Zone A on a commu- tially impermeable to the passage of nity's FHBM or FIRM shall be in- water and with structural components stalled using methods and practices having the capability of resisting hy- which minimize flood damage. For the drostatic and hydrodynamic loads and purposes of this requirement, mobile effects of buoyancy; homes must be elevated and anchored (4) Provide that where a non•resl• to resist flotation, collapse, or lateral movement. Methods of anchoring may dential structure is intended to be made watertight below the base flood Include, but are not to be limited to, level, (1) a registered professslonnI engi• use of over -the -top or frame ties to neer or architect shall develop and/or ground anchors. This requirement is review structural design, speciflCa- in addition to applicable State and tiom. and plans for the construction. local anchoring requirements for re- and shall certify that the design and ssting wind forces. (9) Require that P<n o iacuation plan methods of construction are in accord. ante with accepted standards of prac- i indicating alternatt +ehicular access and escape routes be filed with appro- tice for meeting the applicable provl- sions of paragraph (c)(3)(il) or priate Disaster Preparedness Authori- (c)(8)(ii) of this section, and (11) a ties for mobile home parks and mobile record of such certificates which in- home subdivisions located within Zone eludes the specific elevation (in refa- sea level) to which such A on the community's FHBM or tion to mean are tloodproofed shall be FIRM. (c) When the Administrator has pro- structures maintained with the official designat- under vided a notice of final flood elevations ed by the community for one or more special flood hazard the community's FIRM and, § 59.22(a)(9)(lii); (5) Require that all mobile homes to areas on If appropriate, has designated other be placed within Zones Al -30 and AE FIRM In new special flood hazard areas without flood elevations on the communi. on the community's mobile home parks and mobile home base ty's FIRM, but has not identified a floodway or coastal high subdivisions, In expansions to existing mobile home parks and mobile home regulatory hazard the : subdivisions. and in homes bdiv l mobile l) Requirethe standards oflpara- (b) of this section within all Al- home parks and sions where the repair, reconstruction graph 30 zones, AE zones, A zones, AH zones, or improvement of the streets,utilities 178 Federal Emergency Management Agency and pads equals or exceeds 500/v of the value of the streets. utilities and pads before the repair, reconstruction or improvement has commenced, have elevated tothe lowest orabove r of hthe blase flood level. (6) Require that all mobile homes to be placed within Zones Al -30 and AE on the community's FIRM, which are not to be placed Into a mobile home park or mobile home subdivision. have the lowest floor of the mobile home elevated to or above the base: flood level. (7) Require within any AO zone on the community's FIRM that all new construction and substantial improve- ments of residential structures have the lowest floor (including basement) elevated above the highest adjacent trade least as epth mbertsp specified Inif et on thegh as the dcom- munity's FIRM (at least two feet if no depth number is apecifled); (8) Require within any AO zone on the community's FIRM that all new tantial improve- construction of nonresidenitial stru turres (f) have tale lowest floor (including base• ment) elevated above the highest ROL- cent grade at least as high as the depth number specified in feet on the o feet it no depth number isunity's FIRM aspectlled), or (11) together with attendant utility and sanitary facilities be completely flood• floodprooIfo ingthat s�dard specified the in 160.3(c)(3)(ID, (9) Require within any A99 zones on a community's FIRM the standards of nparagraphs g(b)(6) through (b)(9)gOf this sec. tion: (10) Require until a regulatorY noodway is designated, that no new construction. substntlal Improve- ments, or other development (includ wlih n Ing fill) shall be permitted communi- ty'sFIRM, unless Eltois demmns aced that the cumulative effect of the pro- posed develOp(nent, when combined with all other exlsting and anticipated development, will not incres- a the water surface elevation of the ta flood more than one foot at any point within the community. 6 60.5 (11) Require within Zones AH and AO, adequate drainage DaLhs Mond structures on slopes, t guide floowa• ters around and away from prapasedi structures. (d) When the Administrator has pro• vided a notice of final base flood cleva- dons within Zones AI -3o and/or Al` on the community's FIRM and, If ap- propriate, has designated AO zones. AHzones, A99 zones. and A zones on the community's FIRM and has pro- vided data from which the community shall designate Its regulatory flood - way, the community shill: (1) Meet the requirements of pa il- graphs (c) (1) through (11) of the w: - Lion; (2) Select and adopt a regu) y floodway based on the principle jit the area chosen for the regulatory floodwaY must be designed to carry the waters of the. base flood, without increasing the water surface elevation of that flood more than one foot at any point; (3) Prohibit encroachments, Inciud• Ing fill, new construction, substantlal improvements, and other development within the adopted regulatory flood• way that would result In any Increase in fl(,od levels within the community dura• the occurrence of the base flood discharge; (4) Prohibit the placement of any mobile homes, except ;n an existing mobile home park or mobile home sub' division, within the adopted regula• tory floodway, (e) When the Administrator has pro- vided a notice of final hose flood +a tions within Zones Al -30 and/, AE on the community's FIRM and, If ap- propriate, has designated All zones, the communiitY's FIRMand anA7x)nes On d has Iden, tified on the community's FIRM "I st• al high hazard areas by designating Zone:: V1-30, VE, and/or V. the coum• munity shall: (1) Meet the requirements of para graphs (00) through (11) of this sec- tion; (2) Within Zones V1-30, V13, and V on a community's P'Ilthl. (1 ) obtain the elevation (in relation to mean sca level) of the bottom of the IOvvest structural member of the lowest floor (excluding Pilings and columrs) of all 179 4 60.3 new and substantially improved struc- tures, and whether or not such struc- tures contain a basement, and (II) maintain a record of all such informa- tion with the official designated by the community tender 159.22(a)(9)(ill); (3) Provide that all new construction within Zones V1-30, VE, and V on the :.ommunity's FIRM is located land- ward of the reach of mean high tide; (4) Provide that all new construction tnd substantial improvements in sones VI -30 and VE, and also Zone V f base flood elevation data Is avall- tble, on the community's FIRM, are :levated on pilings and columns so .hat (l) the bottom of the lowest horl- :ontal structural member of the owest floor (excluding the pilings or •olumns) is elevated to or above the lase flood level; and (I1) the pile or olumn foundation and structure at. ached thereto is anchored to resist lotation, collapse and lateral move- nent due to the effects of wind and rater loads acting simultaneously on .11 building components. Wind and later loading values shall each have a ne percent chance of being equalled r exceeded in any given year (100 - ear mean recurrence interval). A reg- :tered professional engineer or archb .ct shall develop or review the struc- )ral design, specifications and plans )r the construction, and shall certify tat the design and methods of con - .ruction to be used are in accordance ith accepted standards of practice for eeting the provisions of paragraphs !)(4)(1) and (11) of this section, (5) Provide that all new construction id substantial improvements within -)nes V1-30, VE, and V on the com- unity's FIRM have the space below to lowest floor either free of obstruc- -)n or constructed with non -support - g breakaway walls, open wood lat- e -work or insect screening intended collapse under wind and water loads :thout causing collapse, displace- ent, or other structural damage to e elevated portion of the building or pporting foundation system, For the Irposes of this section, a breakway LII shall have a design safe loading slstance of not less than 10 and no )re than 20 pounds per square foot. (e of breakway walls which exceed a sign safe loading resistance of 20 41 CFR Ch. 1 (10-145 EdMon) 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 fallowing condl- tlons: (1) Areakaway wall collapse shall result from a water load less than that which would occur during the base flood; and, (ll) 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). Maximum wind and water loading vrJues to be used In this determination shall each have one percent chance of being equalled or exceeded In any given year (100 -year mean recurrence interval). Such enclosed space shall be useable solely for parking of vehicles, building access, or storage. (6) Prohibit the use of fill for struc- tural support of buildings within Zones V1-30, VE, and V on the com- munity's FIRM; (7), Prohibit the placement of mobile homes, except In existing mobile ,homes parks and mobile home subdivi- sions, within Zones VI -30. VE, and V on the community's FIRM; (8) Prohibit man-made alteration of sand dunes and mangrove stands within Zones V1-30, VE, and V on the community's FIRM which would in. crease potential flood damage. 141 FR 46975, Oct. 26, 1916. Redesignated at 44 FR 31177, May 31, 1979, and amended at 46 FR 1274, Jan. 6,1981; 48 FR 44552. Sept. 29, 1983; 49 FR 4751, Feb. 8, 1984; 49 FR 33656, Aug. 24, 1984.50 FR 36024, Sept. 4, 19851 Errccrive: DATx NoTr At 50 FR 35024, Sept. 4, 1985, 1 60.3 was amended as follows. effective January 1. 1986: (1) By adding after "FHBM" the phrase "or FIRM" In paragraphs (b) introductory text, (bX1). (2). (5), and (9). (2) By removing in paragraph (b)45) the words "For the purpose of the deterntina� Lion of applicable flood insurance risk pre- mium rates within" and adding In their place the word "within". 180 Federal Emergency Management Agency (3) By removing 1n paragraph (c)(1) the word "unnumbered" and adding In Its place the phrase ", AE zones.", (4) By adding after the phrase "A1-30" the phrase ", AE" In paragraphs (c)(2) and (3). (5) By adding after the phrase "A1-30" the phrase "and AE" In paragraph (0)(30). (6) In paragraph (d) by adding after the phrase "A1-30" the phrase "and/or AE" and by removing the phrase "A99 zones and un- numbered" and adding In Its place the phrase ". AH zones, A99 zones, and". (7) In paragraph (dXD by removing the phrase "(cX9Y' and adding In its Place the phrase 'UX I D". (8) Also In 1 60.3, paragraphs (b)(8), (c)(4), (5), (6) and (e) were revised, effective Janu. try 1, 1986. For the convenience of the user, the supersed!d text Is set forth as follows: 964J Plo,id plain management criteria for flood -prone ansa. (b)"• (a) Require that all mobile homes to be placed within Lone A on a community's FIIBU shall be anchored W resist flotation. collapse, or lateral movement by providing over -the -top and frame ties to ground an- chors. Specific requirements shall be that (1) over -the -top ties be prcvlded at each of the four corners of the mob;le home, with two additional ties per side at h.termedfate lova. Lions and mobile homes less than 50 feet Ions requiring one additional tie per side: (II) frame ties be provided at each corner of the home with five additional ties per side at intermediate points and mobile homes leas than 50 feet long requiring four addi- tional ties per side; lilU all components of the anchoring system be capable of carrying a force of 4,800 Pounds; and (Iv) any addl- tions to the mobile home be similarly an- chored; (4) Frovlde that where lloodproofing is utilized for x par(icular structure in accord- ance with paragraphs (c) (3) and (8) of this section or (b)(3) of 160.6 either (i) a reg(s- Weed professional engineer or architect shall certify that the fioodproofing methods are adequate W withstand the flood depths, pressures, velocitles. Impart and uplift forces and other factors associated with the base hood. and a record of such certificates P, § 60.3 Indicating the specific elevation (in relation to mean sea level) to which such structures are floodproofed shall be maintained with the official designated by the community under 159.22(x)(9) (111); or, (II) a certified copy of a local regulation eontalttlng de- tailed flood -proofing specifications which satisfy the watertlght performance stand• ands of paragraph (c)(3) of this section or (b)(3) of 160.0 shall be submitted to the Ad. ministrator for approval; (5) Require within Zones Al -30 on the community's FIRM for new mobile home parks and mobile home subdivisions, for ex. panslona to existing mobile home parks slid mobile home subdivisions, and for existing mobile home Parka and mobile horse subdl- vislons where the repair, reconstn)ctlon or Improvement of the streets. utilities and pads equals or exceeds 60% of the vshle the streets, utilities and pads before t repair, reconstruction or Improvement has commenced, that (1) stands or lots are ele- vated on compacted fill or on pilings so that the lowest floor of the mobile home will be at or above the base flood level. (11) ade. quate surface drainage and access for a hauler are provided, and (III) in the b stance of elevation on pilings, lots are large enough W permit steps, piling foundations are placed In stable soil no more than ten feet apart, and reinforcement Is provided for pll- ings more than six feet above the ground level; (6) Require for all mobile homes to be placed within Zones Al -30 on the commur11- ty's FIRM, but not Intc a mobile home park or mobile home subdh Ion that (1) stands or lots are elevated on )mpacted fill or on pilings so that the lowe floor of the mobile home will be at or above the base flood level, (II) adequate surface drainage and access for a hauler are provided, and (flu In the Instance of elevation on pilings. lots me large enough W permit steps, piling found Lions are placed In stable soil no more the. 10 feet apart, and reinforcement Is provided for piers more than six feet above ground level; (c) When the Administrator has pruvided a notice of final base flood elevations within Zones Al -30 on the community's FIRM and. If appropriate, has designated AO zones, A99 zones and unnumbered A zones on the community's FIRM, and has identlfle,d on the community's FIRM Zune VI -30 (co(tstal high hazard area). the community shall: (1) Meet the requirements of pnragraphs (c) (1) through (10) of this section; (2) For the purpose of the dalerminstlon of applicable flood imurance risk prerniurn rates within Zone VI -30 on a community's FIRM: (1) Obtain the elevatlon (in re•iutiun 181 § 60.4 to mean sea level) of the lowest floor Un- cluding basement) of all new or substantial- ly Improved structures, and whether or not such structures contain a basement, (11) obtain, If the structure has been flood - proofed. the elevation (In relation to mean sea level) to which the structure was flood' proofed, and (111) maintain a record of all such Information with the official designat- ed by the community under 1 59.22(a)(9)(111); (3) Provide that all new construction within Zones V1-30 on the community's FIRM is located landward of the reach of mean high tide; (4) Provide (1) that all new construction and substantial Improvements within. Zones VI -30 on the community's FIRM are elevat- ed on adequately anchored pilins or col- tunrs. and securely anchored to such plies or columns ao that the lowest portion of the structural members of the lowest floor (ex- cluding the pilings or columns) is elevated W or above the base flood level and (ill that a registered professional engineer or aachl- tea certify that the structure is securely an- chored to adequately anchored pilings or columns In order to withstand velocity waters and hurricane wave wash; (6) Provide that all new constriction and substantial improvements within Zones V1- 90 on the community'a FIRM have the space Wow the lowest floor tree of obstruc- tions or be constructed with "breakawaY wads" Intended to collapse under stress without leopsrdlrJng the structural support of the structure so that the impact on the structure by abnormally high tides or wind - driven water is minlml;7 d Such temporarily errllased space shall not be used for human habitation; (a) Prohibit the use of fill for structural support of buildings within Zones VI -30 on the 00mmunity's FIRM; (7) Prohibit the plamm.nt of mobile homes, except in existing mobile home parka and mobile home subdivisions, within Zones VI -30 on the community's FIRM; (a) Prohibit man-made alteration of nand dunes and mangrove stands within Tones VI -30 on the community's FIRM which would Increase potential hood damage. 164.4 Flood plain management criteria for mudslide (Le., mudflow)-prone areas - The Administrator will provide the data upon which flood plains manage- ment regulations shall be based. If the Administrator has not provided suffi- cient data to furnish a basis for these regulations In a particular community the community shall obtain, review, and reasonably utilize data available from other Federal. State or other 44 CFR Ch. 1 (14.1-35 Edition) sources pending receipt of data from the Administrator. However, when special mudslide (i.e., mudflow) hazard area designations have been furnished by the Administrator, they shall apply. The symbols deflaing such ape- Cial mudslide (i.e.. mudflow) hazard designations are set forth in 164.3 of this subchapter. In all cases, the mini- mum requirements for mudslide (i.e.. mudflow)•prone areas ado •ed by a particular community depend on the amount of technical data provided to the community by the Administrator. Minimum standards for communities are as follows: (a) When the Administrator has not yet identified any area within the community as an area having special mudslide (i.e., mudflow) hazards. but the community has Indicated the pres- ence of such hazards by submitting an application to parLIClpate In the Pro- gram, the community shall (1) Require permits for all proposed construction or other development in the community so that it may deter- mine whether development is pro- posed within mudallde (i.e., mudflow)- prone areas; (2) Require review of each permit application rowhether posed site and improvements. will be reasonably safe from mudslides (i.e., mudflowa). Fact,ora to be consid- ered in making such a determination should include but not be limited to (I) the type and quality of soils, (if) any evidence of ground water or surface water problems, (Iii) the depth and quality of any fill, (Iv) the overall slope of the site, and (v) the weight that any proposed structure will Impose on the slope'. Site and (3) Require, if a proposed Improvements are In a location that may have muc Wide Me.. mudfiow) haz- ards, that (1) a site Investigation and further' review be made by persons qualified in geology and soils engineer- ing, (11) the proposed grading, excava- tions, new construction, and substan- tial improvements are adequately de- signed and protected against mudslide (i.e., mudflow) damages. (111) the pro- posed grading, excavations, new con- struction and substantial Improve- ments do not aggravate the existing hazard by creating either on-site or 182 Federal Emergency Management Agency The symbols defining such speclal flood -related erosion hazard destitna• Lions are set forth in 4 64.3 of this sub chapter, in all cases the mintmum re quirements governing tare adequacy of the flood plain management regula- tions for flood -related eroslon-prone areas adopted by a particular collum nity depend on the amount of techni cal data provided to the community by the Administrator. Minirnurn stand- ards for communities are as follows: (a) When the AdminjSLMLor iris not yet identified any area within the community as having special flood -re lated erosion hazards, but the cornrnu nity has indicated the prescril"' o: such hazards by submitting an it cation to participate in the Prog. am the community shall (1) Require the issuance of a permb for all proposed construction, or olhel development in the area of flood•rrlat ed erosion hazard, as it Is known t. the community; (2) Require review of etch perml application to determine whether ill, proposed site alterations and Improve: ments will be reasonably sale fron flood -related erosion and will no cause flood -related erosion h(uards o otherwise aggravate till: existing 11000 related erosion hazard; and (3) If a proposed Improvement I found to be In the path of .flood•relat ed erosion or to Increase the erosloi hazard, require the Improvement to b relocated or adequate protective, meas tires to be taken which will not. P^4ra vote the existing erosion hazard (b) When the Administrator h— dt lineated Zone E on the '(lmniuniLy' g 60.5 off-site disturbances, and (iv) drain- age, Planting, watering, and mainte- nance be such as not to endanger slope stability. (b) When the Administrator has de- lineated Zone M on the community's FIRM, the community shall: (1) Meet the requirements of para- graph (a) of this section; and (2) Adopt and enforce a grading ordl- nonce or regulation In accordance with data supplied by the Administrator which (1) regulates the location of foundation systems and utility sys- tems of new construction and substan- tial improvements, (11) regulat,'s the location, drainage and maintenance of all excavations, cuts and fills and planted slopes, (Ili) provides special re- quirements for protective measures In- cluding but not necessarily limited to retaining walls, buttress fills, sub. drains, d.verter terraces, benchings. etc„ slid (iv) requires engineering drawing( and Spec ificatlons to be sub- mitted for all corrective measures, ac- companled by supporting soils engi- neering and geology reports. Guidance may be obtained from the provWons of the 1973 edition and any subse- quent edition of ding Codec e sections 7001 through d 7006, ad 7008 through 7015. The Uniform Building Code is published by the internatlonal Conference of Building Officials, 50 South Los Robles, Pasade- na, California 91101- 141 PR 46975, Oct. 26, 1976. Redesignated at 44 FR 31177, May 31, 1919, and amended at 48 Pf2 44552, Sept. 29. 1983: 49 8'R 4751, Feb. 6, 1964) 0 &05 Flood plain management criteria areas. FIRM, the community s a Meet the requirements of pars for nood-related ermion•prone (1) (a) of this section: and The Administrator will provide the graph (2) Require a setback for all new dt data upon which flood plain manavo- regulations for flood -related ero. veiooment from the ocean, lake, ba) body of wafer, L' mens sion-prone areas shall be based. If the has not provided suffi- riveriront or other create a safety buffer consisting of stril Administrator cient data to furnish a basis for these natural vegetative or contour This buffer will be drstgnated by th regulations in a particular community. shall review. Land Lilt! aat(dsterosionc haziirlif cr r iol the community and reasonably utilize data available re, ard tiles tlticl ctlof teuseful from ottend ngereceiptState of datafrom edther andtde life- structure h drologl( Y sources, P the Administrator. However, when hazard Pending upon the geologic, topographic and climatic clandcl Teti special flood -related erosion have been furnished tics of the community's oPci area designations they shall apply- buffer mr.y be used for suitable by the Administrator 183 MEMORANDUM TO: Tom Peterson, City Manager FROM: Bob Holm, Finance Director DATE: May 27, 1987 SUBJECT: Downtown Parking Study-- N.W. Corner Locust & School Streets The request to change from andtwo Schooiparkin Stree9stwouldebehdiffpcultn�oat the N.W. corner of Locust enforce, especially during the times we wJunendl,oto Marchn3l�noortwhen noniv Assistant to the P.C_P. cannery area, one is on duty, i.e., Saturdays and Mondays or when one is on nspaid resentl enforcing four hour parking de absence. We are p Y Lot 05) and two hour parking (all of the downtown district). The addition of a three hour narking area not only complicates an Y alread complex patrol schedule but also opens the door for additional exceptions in the downtown area. A, ORDINANCE NO. 1400 1 AN ORPT�RPi �': � n: CI�° f'!�l lhi /'I ., G,.L S ANNE OF THE LOL. �.vNIC L ENACTING A FLOOD DAMAGE PREVENTION ORDINANCE PURSUANT TO GOVERNMENT CODE §§65302, 65560 AND 65800 BE IT ORDAINED BY THE LODI CITY COUNCIL. SECTION I. The Lodi Municipal Code is hereby amended to add a new Chapter relating to Flood damage prevention, pursuant to Government Code §§65302, 65560 and 65800, as hereinafter set forth: STATUTORY AUTHORIZATION, FINDINGS OF FACT, PURPOSE AND METHODS. STATUTORY AUTHORIZATION. The Legislature of the State of California has in Government Code Sections 65302, 65560 and 65800 conferred upon local government units authority to adopt regulations designed to promote the public health, safety, and general welfare of its citizenry. Therefore, the City Council of the City of Lodi does ordain as follows: FINDINGS OF FACT A. The flood hazard areas of City of Lodi are subject to periodic inundation which results in loss of life and property, health and safety hazards, disruption of commerce and governmental services, extraordinary public expenditures for flood protection and relief, and impairment of the tax base, all of which adversely affect the public health, safety and general welfare. B. These flood losses are caused by the cumulative effect of obstructions in areas of special flood hazards which increase flood heights and velocities, and when inadequately anchored, damage uses in other areas. Uses that are inadequately floodproofed, elevated or otherwise protected from flood damaSe also contribute to the flood loss. STATEMENT OF PURPOSE. It is the purpose of this ordinance to promote the public health, safety, and general welfare, and to minimize public and private losses due to flood conditions in specific areas by provisions designed: r A. To protect human life and health; B. To minimize expenditure of public money for costly flood control projects. C. To minimize the need for rescue and relief efforts associated with flooding and generally undertaken at the expense of the general public; D. To rir;i.r,ize prolonged business interruutions; E. Ta i111111?1'�ie dilT;ae to pUliC fdC.'':'t1eS and Eitl 11 ieS S Ci'i as water and gas mains, electric, telephone and sewer ones, streets and bridges located in areas of special flood hazard; F To help maintain a stable tax base by providing for the second use and edevelopment of ireasght aof ppec ial flood hazard so as to minimfuture G. To insure that potential buyers are notified that property is in an area of special flood hazard; and H. To insure that those who occupy the areas of special flood hazard assume responsibility for their actions. _ METHODS OF REDUCING FLOOD LOSSES. In order to accomplish purposes. this ordinance includes methods and provisions for: A. Restricting or prohibiting uses which are dangerous to health, safety, and property due to water or erosion hazards, or which result in damaging increases in erosion or flood heights or velocities; B. Requiring that uses vulnerable to floods, including facilities which serve such uses, be protected against flood damage at the time of initial construction; C. Controlling the alteration of natural floodplains, stream channels, channel natural protective barriers, which help accommodate o its D. Controlling filling, grading, dredging, and other development which may increase flood damage; and, E. Preventing or regulating lthe construction flood n of floodwhich barriers which will unnaturally may increase flood hazards in other areas. DEFINITIONS. Unless specifically defined below, words or phrases used in this they have ordinance shall be intertore given this ° ordinance its ive them the mmost ngreasonable in common usage and 9 application. of uAp= means a nt of for a any prov i Sion review t Floodplainhe of this ordinance or a Administrators interpretation request for a variance. -2- u AC, or �..� Zone an the ? fl�odi=' Means a desi jnc'�e t�� rarcc, from one c,f s� ai ow +_ �r-��FiR''` The base Eland de �� tF,e nath of r �vaci i nsurarce Ra ,c is unpredictable and indeterminate; and velocity flow may be to three feet; a clearly defined channel goes riuti ex:�-> fIood-l- P evident. s_ peCia� flood y --_ward -See "Special flood hazard area". "Area of "Base flood" means the flood having a one percent chance of being fled or exceeded in any given year (alcalled the "I00 -year so equa flood"). a of the building having its floor subgrade casement means any are below ground level) on all sides. type of walls, whether solid or lattice, "Breakaway walls" are any yP wood, metal, plastic or and 1w net! er constructed of concrete, masonry, not part of the any other suitable building material which �s designed to break away structural support of the building and which is damage under abnormally high tides or wave building wonhwhichatheyg Grey used or integrity of the buy g to the structural, might be carried by flood :4aters. A any buildings to which they g foot.Use of wa wall shall have a safe design loading sgiareance of not less breaka y pounds p than ten and no more than twenty a registe.-ed engineer or architect breakaway walls thesfolblawingcertified condi bions: and shall meet oad 1. Breakaway wall collapse shalll occur durtnq thema water l base flood; and less than that which would The elevated portion of thinbu building a lw' d not indu any structural damage due to f the base flood. loads acting simultaneously in the event o man-made change to improved or unimproved "Develo ment" means any buildings or other including but not limited to rea estate, in filling, grading, paving, excavation or structures, mining, dredging, drilling operations. fioodin means a general and temporary condition of Flood or land areas from (1) the pa- or compeete inundation of normally dry the collapse or overflow of flood waters, (2) tsource, he unusual and accumulation or and/or of surface water from any shore caused by waves or currents ofwater subsidence of land along the 'pore of a lake or other body of water as a result of erosion or undermining caused y exceeding anticipated cyclical levels or o watery accompanied by a unusually high water level in a natural body ch severe stO' or by an unanticipated force of, e saimilarlyu unusual flash as .and flood or an abnormal tidal surge, i flooding as defined in this some unforeseeable event which results n f definition. -3- 4 "`r; ?aundary and Flaodva.' ' aN" gleaf,S the official map on which the r �deral Insurance ,Adlp,nis , ,I n t*'-�+�.o r i^nrgPftCy idna0fi; nt HC1eP.c;i o flaad hazard and the has delineated both the areas of ficial map on which the "Flora Insurance Ragency or FederalIRM)" means the fInsurance Administration Federal Emergency—Management has delineated both the areas of special flood hazards and the risk premium zones applicable to the community. "Flood Insurance Study" means the official report provided by the �deflood s, the Federal Insurance Init and oFloodway Map,and the water lesurface FIRM, the Flood Boundary elevation of the base flood. "Flaodplain or fload-crone area" mean any lard area susceptible to being inundated by water from any source (see definition of "flooding"). n+11 means the opation of an oerallogram of "Floadp}a_ in managementive measures forr educing floodvdamage,�ri eluding corrective and preve plans, flood control works but net limited to emergence preparedness and floodplain management regulations. "Floodplain management regulations" means zonregulgtions, special subdivision regulations, building codes, health regulations, ordinance and purpose ordinances (such as floodplain oldiaL�ons of police power. The erosion control ordinance) and other app term describes sucvide a care standards for the regulations n any poseof flood combination thereof, which pro prevention and reduction. "Flood roofin " means additions, changes, eliminate facilities, Other "y Flooawa it adjacent�and areas thatmust eans thechannel OT be reseved inorder attoc discharge the base flood without cumulatively increasing the water urfce� elevation a more than one foot_ Also referred to as "Regulatory Y h cannot rm its "Functi°nall de endent it located oruse carrwedcout in close proximity 1-y— intended purpose un ess to water. The term es_ theonly loadinginandfacilities, unloadingport of facilities or that are necessary passengers, and ship building and ship repair facilities, but does no include long-term storage or related manufacturing any combination of structural ndnonreduceuror or adjustments. to structures which structures and their contents. "Hi ghest adjacentrg ade" means the highest ground surface prior to construction next to structure. -4- natural elevation of the the proposed walls of a k k "Lowest floor" wean, the 1 o:•aest f 1 oor of the l o c—st encl •sed area (including basement;. An unfinished or flood resistant enclosE,r,, Usable solely for parking of vehicles, building access or storage in an area other than 3 basement area is not considered a buiIdlnq's lowest floor; provided, that such enclosure is not built so as to render the structure in violation of the applicable non -elevation design requirements of this ordinance. "Manufactured home" means a structure, transportable in one or more sections, which is built on a permanent chassis and is designed for use with or without a permanent foundation when connected to the required utilities. For floodplain management purposes the term "manufactured home" also includes park trailers, travel trailers and other similar vehicles placed on a site for greater than 180 consecutive days. "Manufactured home park or subdivision means a parcel (or contiguous parcels, of land divided into two or more manufactured home lots for sale or rent. "Mean sea level" means, for purposes of the National Flood Insurance Program, the National Geodetic Vertical Datum (NVD) of 1929 or other datum, to which base flood elevations shown on a community's Flood Insurance Rate Map are referenced. "New construction" means, for floodplain management purposes, structures for which the "start of construction commenced on or after the effective date of a floodplain management regulation adopted by this community. "One hundred vear flood" or "100 -year flood means a flood which has a one percent annual probability of being equalled or exceeded. It is identical to the "base flood", which will be the term used throughout this ordinance. "Person" means an individual or his agent, firm, partnership, association or corporation, or agent of the aforementioned groups, or this state or its agencies or political subdivisions. "Remedy a violation" means to bring the structure or other development intoco iance with State or local floodplain management regulations, or, if this is not possible, to reduce the impacts of its noncompliance. Ways that impacts may be reduced include protecting the structure or other affected development from flood damages, implementing the enforcement provisions of the ordinance or otherwise deterring future similar violations, or reducing Federal financial exposure with regard to the structure or other development. "Riverine" means relating to, formed by, or resembling a river inc uding tributaries), stream, brook, etc.) "Special flood hazard area S(SFHA)" means an area having special flood or flood -related erosion hazards, and shown on an FHBM or FIRM as Zone A, A0, Al -30, AE, A99 or AH. -5- t k Starz of_Constructic " includes substantial 41m,pr,avement, and means the date the builldirg permit was 'issued, provided the actual start of construction, repair, reconstruction, placement, or other improve=ment was within 180 days of the permit date. The actual start means either the first placement of permanent construction of a structure on a site, such as the pouring of slab or footings, the installation of piles, the construction of columns, or any work beyond the stage of excavation; or the placement of a manufactured home on a foundation. Permanent construction does not include land preparation, such as clearing, grading and filling; nor does it include the installation of streets and/or walkways; nor does it include excavation for a basement, footings, piers, or foundations or the erection of temporary forms; nor does it include the installation on the property of acc-ssory buildings, such as garages or sheds not occupied as dwelling units or not part of the main structure. "Structure" means a walled and ro,ifed building, including a gas or iqu�id storage tank, that is principally above ground, as well as a manufactured home. "Substantial improvement" means any repair, reconstruction, or improvement of a structure, the cost of which equals or exceeds 50 percent of the market value of the structure either: (1) before the improvement or repair is started; or (2) if the structure has been damaged, and is being restored, before the damage occurred. For the purposes of this definition "substantial improvement" is considered to occur when the first alteration of any wall, ceiling, floor, or other structural part of the building commences, whether or not that alteration affects the external dimensions of the structure. The term does not, however, include either: (1) any project for improvement of a structure to comply with existing state or local health, sanitary, or safety code specifications which are solely necessary to assure safe living conditions; or (2) any alteration of a structure listed on the National Register of Historic Places or a State Inventory of Historic Places. "Variance" means a grant of relief from the requirements of this ordinance which permits construction in a manner that would otherwise be prohibited by this ordinance. "Violation" means the failure of a structure or other development to be fully compliant with the community's floodplain managE ent regulations. R structure or other development without the elevation certificate, other certifications, or other evidence of compliance required in this ordinance is presumed to be in violation until such time as that documentation is provided. -6- s GE=NERAL PP0 Y LANDS TO WHICH THIS ORDINANCE APPLIES. This ordinance shall apply to all areas of special flood hazards, with the jurisdiction of the City of Lodi. BASIS FOR ESTABLISHING THE AREAS OF SPECIAL FLOOD HAZARD. The areas of special flood hazard, identified by the Federal Emergency Management Agency or the Federal Insurance Administration in a scientific and engineering report entitled "Flood Insurance Study for City of Lodi dated Jure 18, 1987, with an accompanying Flood Insurance Rate map is hereby cidopted by reference and declared to be a part of this ordinance. This Flood Insurance Study is on file at City Hall, 221 West Pine Street, Lodi, California 95240. This Flood Insurance Study is the minimum area of applicability of this ordinance and may be supplemented by studies °are trecommended r areas which theyow City Council Implementation Of the this ordinance and w Floodplain Administrator. COMPLIANCE. Pilo structure `.' land shall hereafter be constructed, located, extended, converted, or altered without full compliance with the terms of this ordinance and other applicable regulations. Violations of the provisions of this ordinance by failure to comply with any of its requirements (including violations of conditions and safeguards established in connection with conditions) shall constitute a misdemeanor. Nothing herein shall prevent the City Council from taking such lawful action as is necessary to prevent or remedy any violation. ABROGATION AND GREATER RESTRICTIONS. This ordinance is not intended to repeal, abrogate, or impair any existing easements, covenants, or deed restrictions. However, where this ordinance and another ordinance, easement, covenant, or deed restriction conflict or overlap, whichever imposes the more stringent restrictions hall prevail. INTERPRETATION. In the interpretation and application of this ordinance, all provisions shall be: A. Considered as minimum requirements; B. Liberally construed in favor of the governing body; and, C. Deemed neither to limit nor repeal any other powers granted under state statutes. WARNING AN[) DISCLAIMER OF LIABILITY. The degree of flood protection required by this ordinance is considered reasonable for regulatory purposes and is based on scientific and engineering considerations. Larger floods can and will occur on rare occasions. Flood heights may be increased by man-made or natural causes. This ordinance does not imply that land outside the areas of special flood hazards, or uses permitted within such areas will be free from flooding or flood damages. This ordinance shall not create liability on the -7- part of City of Lodi, any Insurance Administration, reliance on this ordinance th rounder officer or employee thereof, or the Federal for any flood damages that result from or any administrative decision lawfully made e SEVERABILITY This ordinance and the various parts thereof are hereby declared to tseverable. to be Sunco s titutiona�ny section or �nval�ds ordinance be declared byhe courts such decision ionotaffect othe hethanvalidity he section the so°declared to be whole , or any poror tn unconstitutional or invalid. ADMIrtISTRATION mit ESTABLISHMENT OF DEVELOPMENT PERMIT. A Developmentwithinrany shall be obtained before construction established opmdeveleni begin - area of special flood hazards, forms furnished Application for a Development Permit shall be made on not be limited by the Floodplain Administrator and may include, but to: plans in duplicate drawn to scale showing - exitingeorlproposed dimensions, and elevation of the area in question; structures, fill, storage of materials, drainage fac1ltinfot rmationis location of the foregoing. Specifically'the following required: n sea level, of the A. Proposed elevlud°ng,basement)nofoallastructures; in Zone lowest floor fine and re posed AO or VO, elevation of highest adjacent grade a P elevation of lowest floor of all structures. B. Proposed elevation in relation to mean sea level to which any structure will be floodproofed; C. All appropriate certifications listed in Section of this ordinance; and D. Description of the extent to which any watercourse will be altered or relocated as a result of proposed development. The Community DESIGNATION OF THE FLOODPo rated IN DtoNladm 4ni0 administer and implement Development Directocantinheorbdenyln9 development permits in accordance s this ordinance by granting with its provisions. DUTIES AND RESPONSIBILITIES OF THE FaDPa�nAsDttratorRshall The duties and responsibilities of the floodplain include, but not be limited to: A. Permit review. its I. Review all development Perm nonce°havedetebeen esatisfied; permit requirements of this o -8- k All ;ther required state and federal permits have been obtained; 3. The site is reasonably safe from flooding. 4. The proposed development does not adversely affect the carrying capacity of the floodway. For purposes of this ordinance, adversely affects" -.jeans that the cumulative effect of the pror--:,�.. development when combined with all other existing and anticipated development will not increase the water surface elevation of the base flood more than one foot any point. B. Use of Other Base Flood Data. When base flood elevation data has not been provided in accordance with Section , the Floodplain Administrator shall obtain, review,reaTo ailabbey utilizes any base flood elevation and floodway data from a Federal, State or other source, in order to administer Section Any such information shall be submitted to the City Council for adoption. C. Whenever a watercourse is to be altered or relocated: 1. Notify adjacent communities and the California Department of Water Resources prior to such alteration or relocation of a watercourse, insurancesubmit Administra� on ;f such notification to the Federal 2. Require that the flood carrying capacity of the altered or relocated pirtion of said watercourse is maintained., D. Obtain and maintain for public inspection and make available as needed: 1, the certification required in Section (floor elevations); 2, the certification required in Section (elevations in areas of shallow flooding): 3, the certification required in Section (elevation or floodproofing of nonresidential structures); 4, the certification required in Section or (wet floodproofing standard); 5, the certified elevation required in Section (subdivision standards); 6, the certification required in Section (floodway encroachments). M 1k k E. Make interpretations where needed, as to the exact location of the boundaries of the areas of special flood hazards,(for example, where there appears to be a conflict between, a mapped boundary and actual field conditions). The person contesting the location of the boundary shall be given a reasonable opportunity to appeal the interpretation as provided in Section F. Take action to remedy violations of this ordinance as specified in Section herein. PROVISIONS FOR FLOOD HAZARD REDUCTION STANDARDS OF CONSTRUCTION. In all areas of special flood hazards the following standards are required: A. Anchoring 1. All new construction and substantial improvements shall be anchored to prevent flotation, collapse or lateral movement of the structure resulting from hydrodynamic and hydrostatic loads, including the effects of buoyancy. 2. All manufactured homes shall meet the anchoring standards of Section S. Construction Materials and Methods. 1. All new construction and substantial improvements shall be constructed with materials and utility equipment resistant to flood damage. 2. All new construction and substantial improvements shall be constructed using methods and practices that minimize flood damage. 3. All new construction and substantial improvements shall be constructed with electrical, heating, ventilation, plumbing and air conditioning equipment and other service facilities that are designed and/or located so as to prevent water from entering or accumulating within the components during conditions of flooding. 4. Require within Zones AH or AO adequate drainage paths around structures on slopes to guide flood waters around and away from proposed structures. -10- k a d;':� r l Crvd p.r u0f i t?g C. ie�1ation _.. rovement of any New construction and substantial including basement, structure shall have abovel04ythe est flbase flood elevation. elevated to or the standards in Nonresidential structures may meet Section __ ____ Upon the completion of the structure be the elevation of the lowest floor rofessiana�Semen9ineerl or certified by a registered p surveyor, or verified by the community building inspector to be properly elevated. Such certification the Floodplain verification shall be provided to Ad,T,iniStrator. 2 New construction and substantial impr'�vement of any structure in zone AH or highest adjacent AO shall have the lot -,est floor, including basement, elevated above the high as the depth number specified in r19 grade at least as o feet i` no depth number feet on the FIRE, or at least tw is specified. Nonresidential Uponuthe rcompletion ePof the standards in Section floor including structure the elevation of the eg5*eyed orofessional basement shall be certified by by the community engineer or surveyor, or verified elevated. Such building inspector to be properly Provided to the certification or verification shall be p' Floodplain Administrator. 3, Nonresidential construction shall either be elevated or in conformance with Section ac?liti, or together es: with attendant utility and sanitary below the base flood a be floodproofed so that level the structure is watertight with walls substantially impermeable to the passage of water; b, have structural components capable of resisting hydrostatic and hydrodynamic loads an effects of buoyancy; and C. be certified by a registered professional engineer or archat?Siedat Such the scertifdicationss of lshall subsection are s be provided to the Floodplain Administrator. and q, Require, for all new nclosedrarea n below sthetlowest improvements, that fully shall be designed to floor that are subject to flooding flood forces on automatically equalize hydrostatic entry and exit of exterior walls by allowing for the requirement must floodwaters. Designs for meeting professional engineer either be certified by a reg or architect or meet or exceed the following minimum criteria: -11- Tither a minimum of two openings having a a. - +i— n square 'nch for net area of not less one q to area sub, ect square foot of enclosed every "``r Thp bottom of all f;. oding s!;ai; be provided. st.; l l be no h japer Mian one foot above opus, 11cs with screens, grade. Openings rav be equipped louvers, valves or other coverings or devices provided that they permit the automatic entry and exit of floodwaters; or b. Be certified to comply with a local floodproofing standard approved by the Federal Insurance Administration. 5, Manufactured homes st,sil also meet the standards in Section STANDARDS FOR UT;LITiES A All new and replacement water supply and sanitary sewage systems shao�tobefdoongvn.atero mntomthe systemmandtdischarge infiltrate from systems into flood waters. I be ocated to avoid B. On-site waste disposal snateiins on from them lduring flooding. impairment to them or.cc STANDARDS FOR SUBDIVISIONS. A. All preliminary subdivision proposals shall identify the flood hazard area and the elevatilood. on of the base f B All final subdivision plans will provide the elevation of proposed structure(s) and pads. If the site is filled above the base flood, the final pad elevation shall be certified by a registered professional engineer or surveyor and provided to the Floodplain Administrator. C. All subdivision proposals shall be consistent with the need to minimize flood damage.als shall have public utilities and D. All subdivision propos as, electrical and water systems facilities such as sewer, g located and constructed to minimize flood damage. E. All subdivisions shall provide adequate drainage to reduce exposure to flood hazard s. STANDARDS FOR MANUFACTURED to mHOMfacturedlhomesw shall :replacement ma un factured homes and additions A. Be elevated so that the lowest floor is at or above the base flood elevation; a nd -12- • t Tither a minimum of two openings having a a. - +i— n square 'nch for net area of not less one q to area sub, ect square foot of enclosed every "``r Thp bottom of all f;. oding s!;ai; be provided. st.; l l be no h japer Mian one foot above opus, 11cs with screens, grade. Openings rav be equipped louvers, valves or other coverings or devices provided that they permit the automatic entry and exit of floodwaters; or b. Be certified to comply with a local floodproofing standard approved by the Federal Insurance Administration. 5, Manufactured homes st,sil also meet the standards in Section STANDARDS FOR UT;LITiES A All new and replacement water supply and sanitary sewage systems shao�tobefdoongvn.atero mntomthe systemmandtdischarge infiltrate from systems into flood waters. I be ocated to avoid B. On-site waste disposal snateiins on from them lduring flooding. impairment to them or.cc STANDARDS FOR SUBDIVISIONS. A. All preliminary subdivision proposals shall identify the flood hazard area and the elevatilood. on of the base f B All final subdivision plans will provide the elevation of proposed structure(s) and pads. If the site is filled above the base flood, the final pad elevation shall be certified by a registered professional engineer or surveyor and provided to the Floodplain Administrator. C. All subdivision proposals shall be consistent with the need to minimize flood damage.als shall have public utilities and D. All subdivision propos as, electrical and water systems facilities such as sewer, g located and constructed to minimize flood damage. E. All subdivisions shall provide adequate drainage to reduce exposure to flood hazard s. STANDARDS FOR MANUFACTURED to mHOMfacturedlhomesw shall :replacement ma un factured homes and additions A. Be elevated so that the lowest floor is at or above the base flood elevation; a nd -12- l B. Be securely anchored to a permanent foundation system to resist flotation, collapse or lateral movement. Fl OOD YS. L:;cared w1th1^. areas of special f{CGd ha2ard �` `',1S d in Ser+` are areas (designated as floodways. Since e _au;� he tc„ the floodway is an extremely hazardous area due to the velocity of flood water which carry debris, potential projectiles, and erosion potential, the following provisions apply: A. Prohibit encroachments, ir.luding fill, new construction, , substantial improvements, and other development unless certification by a registered professional engineer or architect is provided demonstrating that encroachments shall riot result in any increase in flood levels during the occurrence of the base flood discharge. B. If Section is satisfied, all new construction and substantial improvements shall comply with all other applicable flood hazard reduction provisions of Section VARIANCE PROCEDURES � -- APPEAL BOARD A. The City Courici'i of City of Lodi shall hear and decide appeals and requests for variances from the requirements of this ordinance. B. The City Council shall hear and decide appeals when it is alleged there is an error in any requirement, decision, or determination made by the Floodplain Administrator in the enforcement or administration of this ordinance. C. In passing upon such applications, the City Council shall consider all technical evaluations, all relevant factors, standards specified in other sections of this ordinance, and: 1. the danger that materials may be swept onto other lands to the injury of others; 2. the danger of life and property due to flooding or erosion damage; 3. the susceptibility of the proposed facility and its contents to flood damage and the effect of such damage on the individual owner; 4. the importance of the services provided by the proposed facility to the community; 5. the necessity to the facility of a waterfront location, where applicable; -13- k- k r alternative loco"^•ns for the �. the }: re not Sithj"Ct to flooding or e 0s1on proposed uS= damage; 7, the comP.atibility of the proposed use with existing and anticipated development; g. the relationship of the proposed use to the comprehensive plan, and floodplain management program fore that area; g, the safety of access to the property in time of flood for ordinary and emergency vehicles; and esedi�tent traonsport of othey, duration, flood v al ri the expecteexpected rise, at the site; and, 11. the costs of providing governmental services during r and after flood conditions, including maintenance and e ties and facilities such as sewer, repair of public r�tili, gas, electrical, and water syste,,., and streets and bridges. ;. y be issued for new construction Q. Generally, variances ma and substantial improvements to be erected on a lot of one-half acre or less in size contiguous belowdtherbasedfdlood levelblots , existi►1y structures constructed providing items 6.I.C.1. through 6.1.C.11 have been fully considered. As the lot size increases beyond oneLhelvariance the technical justification required for issuing increases. E. Upon consideration of the factors of Section and the dthe purposes of this ordinance, the City Council may aL� conditi�the if variances s it deems necessary to furter the purposes othisordinance F. The Floodplain Administrator shall maintain the records of all appeal actions and report any variances to the Federal Insurance Administration upon request. CONDITIONS FOR VARIANCES E. A. Variances may be issued for the reconstruction, rehabilitation or restoration of structures listed in the a ric Places the State ry of National Register ofhoutHisto egardto the rprocedures set eforth in Historic Places, w the remainder of this section. B. Variances shall not be issued within any designated floodway y an if increase in flood levels during the base flood ,F discharge would result. -14- shall only be issued u!lcn a de"Lle1'Eii}tid�;G r w the variance is the minimum necessary, considering the flood hazard, to afford relief. D. Variances shall only be issued upon: 1. a shnwing of good and sufficient cause; Z. a determination that failure to grant the variance would result in exceptional hardship to the applicant; and 3. a determination that the granting oadditio lance will not result in increased flood heights, eats to public safety, extraordinary public expense, create or conflictcause fraud on or }with existing locallaws or ordinances public, or E. Variances -may be issued for new construction and necessary substantial improvements and for other development for the conduct cF a functionally dependent useprovided that ed the provisions .of Sections through - _ . and that the structure or other development -is protected y methods that rn nimize flood damages During the base flood and create no addit4onal threats to public safety. F. Any a,,plicant Ln whom a variance is granted shall all be be built given written notice that the structure will be per itt flood to with a lowest flood elevat':)n below the regulatory st of flood insurance will be elevation and that the Co commensurate with the increased risk resulting ail bee recorded lowest flood elevation. A. copy of the notice by the Floodplain Board in the office of the San Joaquin County Recorder and shall be recorded in a mannereloofhati t appa in the chain of title of the affected p SECTION 2. All ordinances and parts of ordiinances in conflict herewith are repealed insofar as such conflict may SECTION 3. This ordinance shall be published one time in the "Lodi News Sentinel", a daily newspaper of general circulation printed and published in the City o f itdsiand shall be i passage and approv2jJrce and take effect thirty days from and Approved this 17th day of June, 1987 EVELYN M. OLSON Mayor -15- lk. Attest: l ALICE M. REIMCHE City Clerk State of California County of San Joaquin, ss. hereby certify I, Alice M. keimche, City Clerk of the City of Lodi, do y that Ordinance No. 1400 was introduced June a3 regular and t was ing othereafter Council of the City of Lodi helddat a regular meeting of said passed, adopted and ordered to print Council held June 17, 1987 by the following vote: Council Members - Hinchman, Pinkerton, Reid, Snider, Ayes: ayY. and Olson (.�ycr), Noes; Council Members - None Absent: Council Members - None Abstain: Council Members - None I further certify that Ordinance No. 1400 was approved and signed by the Mayor on the date of its passage and the same has been published pursuant to law• ALICE M. REIMCHE City Clerk Approved as to Form 02 RONALD M. STEIN City Attorney Y k -16-