HomeMy WebLinkAboutOrdinances - No. 1829ORDINANCE NO. 1829
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LODl
AMENDING LODl MUNICIPAL CODE TITLE 15 - BUILDINGS AND
CONSTRUCTION - BY REPEALING AND REENACTING CHAPTER 15.60,
“FLOOD DAMAGE PREVENTION”; AND AMENDING LODl MUNICIPAL
ENTIRETY RELATING TO FP, FLOODPLAIN DISTRICT
CODE TITLE 17 - ZONING - BY REPEALING CHAPTER 17.51 IN ITS
BE IT ORDAINED BY THE LODI CITY COUNCIL AS FOLLOWS:
SECTION 1. Title 15 - Buildings and Construction - of the Lodi Municipal Code is
hereby amended by repealing and reenacting. Chapter 15.60 in its entirety relating to
Flood Damage Prevention and shall read as follows:
SECTIONS:
15.60.01 0
15.60.020
15.60.030
15.60.040
15.60.050
15.60.060
15.60.070
15.60.080
15.60.090
15.60.100
15.60.1 10
15.60.120
15.60.1 30
15.60.140
15.60.150
15.60.1 60
15.60.170
Chapter 15.60
FLOOD DAMAGE PREVENTION
ARTICLE I: GENERAL PROVISIONS
Statutory Authorization
Findings of Fact
Statement of Purpose
Methods of Reducing Flood Losses
Definitions
Lands to Which This Ordinance Applies
Basis for Establishing the Areas of Special Flood Hazard
Compliance
Abrogation and Greater Restrictions
Interpretation
Warning and Disclaimer of Liability
ARTICLE 11: ADMINISTRATION
Designation of the Floodplain Administrator
Duties and Responsibilities of the Floodplain Administrator
Development Permit
Permitted Uses - Generally
Permitted Uses - Use Permit and State Approvals
Prohibited Uses.
ARTICLE Ill: PROVISIONS FOR FLOOD HAZARD REDUCTION
15.60.1 80 Standards of Construction
15.60.1 90 Standards for Utilities
15.60.200 Standards for Subdivisions and Other Proposed Development
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15.60.21 0 Standards for Manufactured Homes
15.60.220 Standards for Recreational Vehicles
15.60.230 Floodways
ARTICLE IV: VARIANCE PROCEDURE
15.60.240 Nature of Variances
15.60.250 Conditions for Variances
15.60.260 Appeals
ARTICLE I: GENERAL PROVISIONS
SECTION 15.60.10 - STATUTORY AUTHORIZATION.
The Legislature of the State of California has in Government Code Sections 65302,
65560, and 65800 conferred upon local governments the authority to adopt regulations
designed to promote the public health, safety, and general welfare of its citizenry.
Therefore, the City Council of the City of Lodi does hereby adopt the following floodplain
management regulations; and
SECTION 15.60.20 - FINDINGS OF FACT.
A. The flood hazard areas of the 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; and
B. These flood losses are caused by uses that are inadequately elevated, flood-
proofed, or protected from flood damage. The cumulative effect of obstructions in areas
of special flood hazards which increase flood heights and velocities also contributes to
flood losses.
SECTION 15.60.030 - 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 legally enforceable regulations applied uniformly throughout the community to
all publicly and privately-owned land within flood prone, mudslide [i.e. mudflow], or flood
related erosion areas. These regulations are designed to:
1. Protect human life and health;
2. Minimize expenditure of public money for costly flood control projects;
3. Minimize the need for rescue and relief efforts associated with flooding
and generally undertaken at the expense of the general public;
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4.
5.
6.
7.
8.
Minimize prolonged business interruptions;
Minimize damage to public facilities and utilities such as water and gas
mains; electric, telephone and sewer lines; and streets and bridges
located in areas of special flood hazard;
Help maintain a stable tax base by providing for the sound use and
development of areas of special flood hazard so as to minimize future
blighted areas caused by flood damage;
Ensure that potential buyers are notified that property is in an area of
special flood hazard; and
Ensure that those who occupy the areas of special flood hazard assume
responsibility for their actions.
SECTION 15.60.040 - METHODS OF REDUCING FLOOD LOSSES.
In order to accomplish its purposes, this ordinance includes regulations to:
1. Restrict or prohibit 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;
Require that uses vulnerable to floods, including facilities which serve such uses,
be protected against flood damage at the time of initial construction;
Control the alteration of natural floodplains, stream channels, and natural
protective barriers, which help accommodate or channel floodwaters;
Control filling, grading, dredging, and other development which may increase
flood damage;
Prevent or regulate the construction of flood barriers which will unnaturally divert
floodwaters or which may increase flood hazards in other areas;
2.
3.
4.
5.
SECTION 15.60.050 - DEFINITIONS.
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.
A.
B.
"A zone" - see "Special flood hazard area."
"Accessory structure" means a structure that is either:
1. Solely for the parking of no more than 2 cars; or
2. A small, low-cost shed for limited storage, less than 120 square feet.
"Accessory use" means a use which is incidental and subordinate to the principal C.
use of the parcel of land on which it is located.
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D. "Alluvial fan" means a geomorphologic feature characterized by a cone or
fan-shaped deposit of boulders, gravel, and fine sediments that have been eroded from
mountain slopes, transported by flood flows, and then deposited on the valley floors, and
which is subject to flash flooding, high velocity flows, debris flows, erosion, sediment
movement and deposition, and channel migration.
E. "Apex" means a point on an alluvial fan or similar landform below which the flow
path of the major stream that formed the fan becomes unpredictable and alluvial fan
flooding can occur.
F. "Appeal" means a request for a review of the Floodplain Administrator's
interpretation of any provision of this ordinance.
G. "Area of shallow flooding" 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. Such flooding is characterized by
ponding or sheet flow.
H. "Area of special flood hazard" - See "Special flood hazard area."
I. "Base flood" means a flood which has a one percent chance of being equaled or
exceeded in any given year (also called the "1 00-year flood").
J. "Base flood elevation" (BFE) means the elevation shown on the Flood Insurance
Rate Map for Zones AE, AH, A1-30, VE and VI-V30 that indicates the water surface
elevation resulting from a flood that has a I-percent or greater chance of being equaled
or exceeded in any given year.
K. "Basement" means any area of the building having its floor subgrade - i.e., below
ground level - on all sides.
L. "Building" - see "Structure."
M. "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 or storage of equipment or materials.
N. "Encroachment" means the advance or infringement of uses, plant growth, fill,
excavation, buildings, permanent structures, or development into a floodplain which may
impede or alter the flow capacity of a floodplain.
0. "Existing manufactured home park or subdivision" means a manufactured home
park or subdivision for which the construction of facilities for servicing the lots on which
the manufactured homes are to be affixed (including, at a minimum, the installation of
utilities, the construction of streets, and either final site grading or the pouring of
concrete pads) is completed before March 1 , 1978.
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P. "Expansion to an existing manufactured home park or subdivision" means the
preparation of additional sites by the construction of facilities for servicing the lots on
which the manufactured homes are to be affixed (including the installation of utilities, the
construction of streets, and either final site grading or the pouring of concrete pads).
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Q. "Flood, flooding, or flood water" means:
1. A general and temporary condition of partial or complete inundation of
normally dry land areas from the overflow of inland or tidal waters; the
unusual and rapid accumulation or runoff of surface waters from any
source; andlor mudslides (i.e., mudflows); and
2. The condition resulting from flood-related erosion.
R. "Flood Boundary and Floodway Map (FBFM)" means the official map on which
the Federal Emergency Management Agency or Federal Insurance Administration has
delineated both the areas of special flood hazards and the floodway.
S. "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
com mu n i ty .
T. "Flood Insurance Study" means the official report provided by the Federal
Insurance Administration that includes flood profiles, the Flood Insurance Rate Map, the
Flood Boundary and Floodway Map, and the water surface elevation of the base flood.
U.
inundated by water from any source - see "Flooding."
"Floodplain or flood-prone area" means any land area susceptible to being
V. "Floodplain Administrator" is the community official designated by title to
administer and enforce the floodplain management regulations.
W. "Floodplain management" means the operation of an overall program of
corrective and preventive measures for reducing flood damage and preserving and
enhancing, where possible, natural resources in the floodplain, including but not limited
to emergency preparedness plans, flood control works, floodplain management
regulations, and open space plans.
X. "Floodplain management regulations" means this ordinance and other zoning
ordinances, subdivision regulations, building codes, health regulations, special purpose
ordinances (such as grading and erosion control) and other application of police power
which control development in flood-prone areas. This term describes federal, state, or
local regulations in any combination thereof which provide standards for preventing and
reducing flood loss and damage.
Y. "Floodproofing" means any combination of structural and nonstructural additions,
changes, or adjustments to structures which reduce or eliminate flood damage to real
estate or improved real property, water and sanitary facilities, structures, and their
contents. For guidelines on dry and wet floodproofing, see FEMA Technical Bulletins TB
1-93, TB 3-93, and TB 7-93.
Z. "Floodway" means the channel of a river or other watercourse and the adjacent
land areas that must be reserved in order to discharge the base flood without
cumulatively increasing the water surface elevation more than one foot. Also referred to
as "Regulatory Floodway."
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AA. "Floodway fringe" is that area of the floodplain on either side of the "Regulatory
Floodway" where encroachment may be permitted.
BB. "Fraud and victimization" as related to Section 15.60.240 and Section 15.60.250
of this ordinance, means that the variance granted must not cause fraud on or
victimization of the public. In examining this requirement, the City of Lodi will consider
the fact that every newly constructed building adds to government responsibilities and
remains a part of the community for fif'ty to one-hundred years. Buildings that are
permitted to be constructed below the base flood elevation are subject during all those
years to increased risk of damage from floods, while future owners of the property and
the community as a whole are subject to all the costs, inconvenience, danger, and
suffering that those increased flood damages bring. In addition, future owners may
purchase the property, unaware that it is subject to potential flood damage, and can be
insured only at very high flood insurance rates.
CC. "Functionally dependent use" means a use which cannot perform its intended
purpose unless it is located or carried out in close proximity to water. The term includes
only docking facilities, port facilities that are necessary for the loading and unloading of
cargo or passengers, and ship building and ship repair facilities, and does not include
long-term storage or related manufacturing facilities.
DD. "Governing body" is the local governing unit, i.e. county or municipality that is
empowered to adopt and implement regulations to provide for the public health, safety,
and general welfare of its citizenry.
EE. "Hardship" as related to Section 15.60.240 of this ordinance means the
exceptional hardship that would result from a failure to grant the requested variance.
The City of Lodi requires that the variance be exceptional, unusual, and peculiar to the
property involved. Mere economic or financial hardship alone is not exceptional.
Inconvenience, aesthetic considerations, physical handicaps, personal preferences, or
the disapproval of one's neighbors likewise cannot, as a rule, qualify as an exceptional
hardship. All of these problems can be resolved through other means without granting a
variance, even if the alternative is more expensive, or requires the property owner to
build elsewhere or put the parcel to a different use than originally intended.
FF. "Highest adjacent grade" means the highest natural elevation of the ground
surface prior to construction next to the proposed walls of a structure.
GG. "Historic structure" means any structure that is:
1. Listed individually in the National Register of Historic Places (a listing
maintained by the Department of Interior) or preliminarily determined by
the Secretary of the Interior as meeting the requirements for individual
listing on the National Register;
Certified or preliminarily determined by the Secretary of the Interior as
contributing to the historical significance of a registered historic district or
a district preliminarily determined by the Secretary to qualify as a
registered historic district;
Individually listed on a state inventory of historic places in states with
historic preservation programs which have been approved by the
Secretary of Interior; or
2.
3.
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4. Individually listed on a local inventory of historic places in communities
with historic preservation programs that have been certified either by an
approved state program as determined by the Secretary of the Interior or
directly by the Secretary of the Interior in states without approved
programs.
HH. "Levee" means a man-made structure, usually an earthen embankment,
designed and constructed in accordance with sound engineering practices to contain,
control or divert the flow of water so as to provide protection from temporary flooding.
11. "Levee system" means a flood protection system which consists of a levee, or
levees, and associated structures, such as closure and drainage devices, which are
constructed and operated in accord with sound engineering practices.
JJ.
basement (see "Basement" definition).
"Lowest floor'' means the lowest floor of the lowest enclosed area, including
1. An unfinished or flood resistant enclosure below the lowest floor that is
usable solely for parking of vehicles, building access or storage in an area
other than a basement area, is not considered a building's lowest floor
provided it conforms to applicable non-elevation design requirements,
including, but not limited to:
a. The flood openings standard in Section 15.60.180 C-3;
b. The anchoring standards in Section 15.60.1 80 A;
C. The construction materials and methods standards in Section
15.60.1 80 B;
d. The standards for utilities in Section 15.60.190.
KK. "Manufactured home" means a structure, transportable in one or more sections,
which is built on a permanent chassis and is designed for use with or without a
permanent foundation when attached to the required utilities. The term "manufactured
home" does include a "recreational vehicle."
LL.
of land divided into two or more manufactured home lots for rent or sale.
"Manufactured home park or subdivision" means a parcel (or contiguous parcels)
MM.
procedures. See Section 15.60.1 30 B-I . "Market value" is defined in the City of Lodi substantial damage/improvement ,
NN. "Mean sea level" means, for purposes of the National Flood Insurance Program,
the National Geodetic Vertical Datum (NGVD) of 1929, North American Vertical Datum
(NAVD) of 1988, or other datum, to which base flood elevations shown on a community's
Flood Insurance Rate Map are referenced.
00. "New construction," for floodplain management purposes, means structures for
which the "start of construction" commenced on or after April 16, 201 0, and includes any
subsequent improvements to such structures.
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PP. "New manufactured home park or subdivision" means a manufactured home
park or subdivision for which the construction of facilities for servicing the lots on which
the manufactured homes are to be affixed (including at a minimum, the installation of
utilities, the construction of streets, and either final site grading or the pouring of
concrete pads) is completed on or after March 1 , 1978.
QQ. "Obstruction" includes, but is not limited to, any dam, wall, wharf, embankment,
levee, dike, pile, abutment, protection, excavation, channelization, bridge, conduit,
culvert, building, wire, fence, rock, gravel, refuse, fill, structure, vegetation, or other
material in, along, across, or projecting into any watercourse which may alter, impede,
retard, or change the direction and/or velocity of the flow of water, or due to its location,
its propensity to snare or collect debris carried by the flow of water, or its likelihood of
being carried downstream.
RR. "One-hundred-year flood" or "1 00-year flood" - see "Base flood."
SS. "Program deficiency" means a defect in a community's floodplain management
regulations or administrative procedures that impairs effective implementation of those
floodplain management regulations.
TT. "Public safety and nuisance" as related to Section 15.60.240 and Section
15.60.250 of this ordinance, means that the granting of a variance must not result in
anything which is injurious to safety or health of an entire community or neighborhood, or
any considerable number of persons, or unlawfully obstructs the free passage or use, in
the customary manner, of any navigable lake, or river, bay, stream, canal, or basin.
UU. "Recreational vehicle" means a vehicle which is:
1. Built on a single chassis;
2. 400 square feet or less when measured at the largest horizontal
projection;
3. Designed to be self-propelled or permanently towable by a light-duty
truck; and
4. Designed primarily not for use as a permanent dwelling but as temporary
living quarters for recreational, camping, travel, or seasonal use.
W. "Regulatory floodway" means the channel of a river or other watercourse and the
adjacent land areas that must be reserved in order to discharge the base flood without
cumulatively increasing the water surface elevation more than one foot.
WW. "Remedy a violation" means to bring the structure or other development into
compliance with State or local floodplain management regulations, or if this is not
possible, to reduce the impacts of its noncompliance. Ways that impacts may be
reduced include. protecting the structure or other affected development from flood
damage, implementing the enforcement provisions of the ordinance or otherwise
deterring future similar violations, or reducing State or Federal financial exposure with
regard to the structure or other development.
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XX. "Riverine" means relating to, formed by, or resembling a river (including
tributaries), stream, brook, etc.
W. "Sheet flow area" - see "Area of shallow flooding."
ZZ. "Special flood hazard area (SFHA)" means an area in the floodplain subject to a
1 percent or greater chance of flooding in any given year. It is shown on an FHBM or
FIRM as Zone A, AO, AI-A30, AE, A99, or, AH.
AAA. 'Start of construction" includes substantial improvement and other proposed new
development and means the date the building permit was issued, provided the actual
start of construction, repair, reconstruction, rehabilitation, addition, placement, or other
improvement was within 180 days from the date of the permit. The actual start means
either the first placement of permanent construction of a structure on a site, such as the
pouring of slab or footings, the installation of piles, the construction of columns, or any
work beyond the stage of excavation; or the placement of a manufactured home on a
foundation. Permanent construction does not include land preparation, such as clearing,
grading, and filling; nor does it include the installation of streets and/or walkways; nor
does it include excavation for a basement, footings, piers, or foundations or the erection
of temporary forms; nor does it include the installation on the property of accessory
buildings, such as garages or sheds not occupied as dwelling units or not part of the
main structure. For a substantial improvement, the actual start of construction means
the first alteration of any wall, ceiling, floor, or other structural part of a building, whether
or not that alteration affects the external dimensions of the building.
BBB. "Structure" means a walled and roofed building that is principally above ground;
this includes a gas or liquid storage tank or a manufactured home.
CCC. "Substantial damage" means damage of any origin sustained by a structure
whereby the cost of restoring the structure to its before damaged condition would equal
or exceed 50 percent of the market value of the structure before the damage occurred.
DDD. "Substantial improvement" means any reconstruction, rehabilitation, addition, or
other improvement of a structure, the cost of which equals or exceeds 50 percent of the
market value of the structure before the "start of construction" of the improvement. This
term includes structures which have incurred "substantial damage," regardless of the
actual repair work performed. The term does not, however, include either:
Any project for improvement of a structure to correct existing violations or state or local
health, sanitary, or safety code specifications which have been identified by the local
code enforcement official and which are the minimum necessary to assure safe living
conditions; or
Any alteration of a "historic structure," provided that the alteration will not preclude the
structure's continued designation as a "historic structure."
EEE. "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.
FFF. "Violation" means the failure of a structure or other development to be fully
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compliant with this ordinance. A 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.
GGG. “Water surface elevation” means the height, in relation to the National Geodetic
Vertical Datum (NGVD) of 1929, North American Vertical Datum (NAVD) of 1988, or
other datum, of floods of various magnitudes and frequencies in the floodplains of
coastal or riverine areas.
HHH. “Watercourse” means a lake, river, creek, stream, wash, arroyo, channel or other
topographic feature on or over which waters flow at least periodically. Watercourse
includes specifically designated areas in which substantial flood damage may occur.
SECTION 15.60.060 - LANDS TO WHICH THIS ORDINANCE APPLIES.
This ordinance shall apply to all areas of special flood hazards within the jurisdiction of
City of Lodi.
SECTION 15.60.070 - BASIS FOR ESTABLISHING THE AREAS OF SPECIAL FLOOD
HAZARD.
The areas of special flood hazard identified by the Federal Emergency Management
Agency (FEMA) in the “Flood Insurance Study (FIS) for San Joaquin County, California,
and Incorporated Areas” dated October 16, 2009, with accompanying Flood Insurance
Rate Maps (FIRM’S) and Flood Boundary and Floodway Maps (FBFM’s), dated October
16, 2009, and all subsequent amendments and/or revisions, are hereby adopted by
reference and declared to be a part of this ordinance. This FIS and attendant mapping
is the minimum area of applicability of this ordinance and may be supplemented by
studies for other areas which allow implementation of this ordinance and which are
recommended to the City of Lodi by the Floodplain Administrator. The study, FIRM’s
and FBFM’s are on file at the City of Lodi Public Works Department, 221 West Pine
Street, Lodi, California, 95240.
SECTION 15.60.080 - COMPLIANCE.
No structure or land shall hereafter be constructed, located, extended, converted, or
altered without full compliance with the terms of this ordinance and other applicable
regulations. Violation of the requirements (including violations of conditions and
safeguards) shall constitute a misdemeanor. Nothing herein shall prevent the City of
Lodi from taking such lawful action as is necessary to prevent or remedy any violation.
SECTION 15.60.090 - 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 shall prevail.
SECTION 15.60.100 - INTERPRETATION.
In the interpretation and application of this ordinance, all provisions shall be:
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A. Considered as minimum requirements;
B. Liberally construed in a manner most protective of property and human
health and safety; and
C. Deemed neither to limit nor repeal any other powers granted under state
statutes.
SECTION 15.60.1 10 -WARNING AND 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 part of City of Lodi, any
officer or employee thereof, the State of California, or the Federal Emergency
Management Agency, for any flood damages that result from reliance on this ordinance
or any administrative decision lawfully made hereunder.
ARTICLE II: ADMINISTRATION
SECTION 15.60.120 - DESIGNATION OF THE FLOODPLAIN ADMINISTRATOR.
The Public Works Director is hereby appointed to administer, implement, and enforce
this ordinance by granting or denying development permits in accord with its provisions.
SECTION 15.60.1 30 - DUTIES AND RESPONSIBILITIES OF THE FLOODPLAIN
ADMl N ISTRATOR.
The duties and responsibilities of the Floodplain Administrator shall include, but not be
limited to the following:
A. Permit Review.
Review all development permits to determine:
1. Permit requirements of this ordinance have been satisfied, including
determination of substantial improvement and substantial damage of
existing structures;
All other required state and federal permits have been obtained; 2.
3. The site is reasonably safe from flooding;
4. The proposed development does not adversely affect the carrying
capacity of areas where base flood elevations have been determined but
a floodway has not been designated. This means that the cumulative
effect of the proposed development when combined with all other existing
and anticipated development will not increase the water surface elevation
of the base flood more than 1 foot at any point within the City of Lodi;
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5. All Letters of Map Revision (LOMR’s) for flood control projects are
approved prior to the issuance of building permits. Building Permits must
not be issued based on Conditional Letters of Map Revision (CLOMR’s).
Approved CLOMR’s allow construction of the proposed flood control
project and land preparation as specified in the “start of construction’’
definition.
B. Development of Substantial Improvement and Substantial Damage Procedures.
1. Using FEMA publication FEMA 213, “Answers to Questions About
Substantially Damaged Buildings,” develop detailed procedures for
identifying and administering requirements for substantial improvement
and substantial damage, to include defining “Market Value.”
2. Assure procedures are coordinated with other departments/divisions and
implemented by City staff.
C. Review, Use, and Development of Other Base Flood Data.
When base flood elevation data has not been provided in accordance with
Section 15.60.070, the Floodplain Administrator shall obtain, review, and
reasonably utilize any base flood elevation and floodway data available from a
federal or state agency, or other source, in order to administer Article Ill
Provisions for Flood Hazard Reduction.
NOTE: A base flood elevation may be obtained using one of two methods from
the FEMA publication, FEMA 265, “Managing Floodplain Development in
Approximate Zone A Areas - A Guide for Obtaining and Developing Base (1 00-
year) Flood Elevations” dated July 1995.
D. Notification of Other Agencies.
I. Alteration or relocation of a watercourse:
a. Notify adjacent communities and the California Department of
Water Resources prior to alteration or relocation;
b. Submit evidence of such notification to the Federal Emergency
Management Agency;
c. Assure that the flood carrying capacity within the altered or
relocated portion of said watercourse is maintained.
2. Base Flood Elevation changes due to physical alterations:
a. Within 6 months of information becoming available or project
completion, whichever comes first, the floodplain administrator
shall submit or assure that the permit applicant submits technical
or scientific data to FEMA for a Letter of Map Revision (LOMR).
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b. All LOMR’s for flood control projects are approved prior to the
issuance of building permits. Building Permits must not be issued
based on Conditional Letters of Map Revision (CLOMR’s).
Approved CLOMRs allow construction of the proposed flood
control project and land preparation as specified in the “start of
construction” definition.
c. Such submissions are necessary so that upon confirmation of
those physical changes affecting flooding conditions, risk premium
rates and floodplain management requirements are based on
current data.
3. Changes in corporate boundaries:
Notify FEMA in writing whenever the corporate boundaries have been
modified by annexation or other means and include a copy of a map of
the community clearly delineating the new corporate limits.
E. Documentation of Floodplain Development.
Obtain and maintain for public inspection and make available as needed the following:
1. Certification required by Section 15.60.180 C-I and Section 15.60.21 0
(lowest floor elevations);
Certification required by Section 15.60.1 80 C-2 (elevation or floodproofing
of nonresidential structures);
2.
3. Certification required by Section 15.60.1 80 C-3 (wet floodproofing
standard);
4. Certification of elevation required by Section 15.60.200 A-3 (subdivisions
and other proposed development standards);
Certification required by Section 15.60.230 B (floodway encroachments);
and
5.
6. Maintain a record of all variance actions, including justification for their
issuance, and report such variances issued in its biennial report
submitted to the Federal Emergency Management Agency.
F. Map Determination,
Make interpretations where needed, as to the exact location of the boundaries of
the areas of special flood hazard, 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 15.60.260.
G. Remedial Action.
Take action to remedy violations of this ordinance as specified in Section
15.60.080.
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H. Biennial Report. Complete and submit Biennial Report to FEMA.
I. Planning.
Assure community's General Plan is consistent with floodplain management
objectives herein.
SECTION 15.60.140 - DEVELOPMENT PERMIT.
No structure or land shall, after the effective date of the ordinance codified in this
chapter, be located, extended, converted or altered within FP (floodplain) zoned lands
without full compliance with the terms of this chapter, and without having first received a
development or construction permit in accordance with the provisions of this title and, for
developments requiring use permits, with the provisions of Lodi Municipal Code Sections
17.72.040 through 17.72.1 10. Development permit applications shall be reviewed by the
Community Development Director and the requirements of this chapter enforced in
accordance with Lodi Municipal Code Sections 17.87.060 through 17.87.090.
A development permit shall be obtained before any construction or other development,
including manufactured homes, within any area of special flood hazard established in
Section 15.60.070. Application for a development permit shall be made on forms
furnished by the City of Lodi. The applicant shall provide the following minimum
information:
A. Plans in duplicate, drawn to scale, showing:
1. Location, dimensions, and elevation of the area in question, existing
or proposed structures, storage of materials and equipment and their
location;
2. Proposed locations of water supply, sanitary sewer, and other
utilities;
3. Grading information showing existing and proposed contours, any
proposed fill, and drainage facilities;
4.
5.
Location of the regulatory floodway when applicable;
Base flood elevation information as specified in Section 15.60.070 or
Section 15.60.1 30 C;
6. Proposed elevation in relation to mean sea level, of the lowest floor
(including basement) of all structures; and
7. Proposed elevation in relation to mean sea level to which any
nonresidential structure will be floodproofed, as required in Section
15.60.180 C-2 of this ordinance and detailed in FEMA Technical
Bulletin TB 3-93.
B. Certification from a registered civil engineer or architect that the
nonresidential floodproofed building meets the floodproofing criteria in
Section 15.60.1 80 C-2.
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C. For a crawl-space foundation, location and total net area of foundation
openings as required in Section 15.60.180 C-3 of this ordinance and detailed
in FEMA Technical Bulletins 1-93 and 7-93.
D. Description of the extent to which any watercourse will be altered or
relocated as a result of proposed development.
E. All appropriate certifications listed in Section 15.60.130 E of this
ordinance.
SECTION 15.60.150 - PERMITTED USES - GENERALLY.
The following uses are permitted without a use permit where modification or removal of
native vegetation, including trees, is not required:
A. Agriculture;
B. Open space agricultural uses not requiring a closed building such as
cropland, orchards, and livestock feeding and grazing;
C. The storage of farm machinery which is readily removable from the area
within the time available after a flood warning;
D. Recreational; firmly anchored recreational floating docks;
E. Modification of native vegetation: Where modification or removal of
native vegetation is required, such modification or removal may be
permitted after obtaining a development permit consisting of written
approval from the Community Development Director; provided, that such
proposed modifications in the floodplain have been found to be consistent
with the open space conservation element of the general plan.
SECTION 15.60.160 - PERMITTED USES - USE PERMIT AND STATE APPROVALS.
The following uses may be permitted after approval of a conditional use permit by the
City and after approval by the State Department of Fish and Game and the Reclamation
Board of the state; provided, that as determined by said Reclamation Board, a
combination of such uses within the floodplain does not materially increase the flood
height of the intermediate regional floodplain; and provided further, that as determined
by the State Department of Fish and Game, full mitigation measures will be used to
protect and enhance the trees, native plant materials and wildlife in the floodplain, in
accordance with good fish and game practices and in accordance with the general
standards listed under Article Ill “Provisions for Flood Hazard Reduction” of this
0 rd i nance :
A. Residential dwellings on existing undeveloped lots in subdivisions
approved before January 1,1977;
B. Outdoor tecreational facilities:
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Campgrounds
Boating facilities
Parks
Golf courses or driving ranges
Athletic fields
Shooting ranges
C. Fences, fills, walls, excavations, or other appurtenances which do not
constitute an obstruction or debris-catching obstacle to the passage of
floodwaters and which are consistent with the open space-conservation
element policies;
D. Private drives, bridges, and public utility wires and pipelines for
transmission and distribution;
E. Improvements in stream channel alignment, cross-section and capacity,
including modification of riverbank and flood protection levees;
F. Structures that are designed to have a minimum effect upon the flow of
water and are firmly anchored to prevent the structure from flotation
(excepting floating docks); provided, that no structures for human
habitation is permitted;
G. Other similar uses of a type not appreciably damaged by floodwaters.
SECTION 15.60.170 - PROHIBITED USES.
In the areas of special flood hazard for residential structures, all subgrade enclosed
areas are prohibited as they are considered to be basements (see "Basement"
definition). This prohibition includes below-grade garages and storage areas.
ARTICLE Ill: PROVISIONS FOR FLOOD HAZARD REDUCTION
SECTION 15.60.180 - STANDARDS OF CONSTRUCTION.
In all areas of special flood hazards the following standards are required:
A. Anchoring.
All new construction and substantial improvements of structures,
including manufactured homes, shall be adequately anchored to prevent
flotation, collapse or lateral movement of the structure resulting from
hydrodynamic and hydrostatic loads, including the effects of buoyancy.
9. Construction Materials and Methods.
All new construction and substantial improvements of structures,
including manufactured homes, shall be constructed:
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I. With flood resistant materials, and utility equipment resistant to
flood damage for areas below the base flood elevation;
Using methods and practices that minimize flood damage;
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; and
Within Zones AH or AO, so that there are adequate drainage
paths around structures on slopes to guide flood waters around
and away from proposed structures.
2.
3.
4.
C. Elevation and Floodproofing.
1. Residential construction.
All new construction or substantial improvements of residential
structures shall have the lowest floor, including basement:
a. In AE, AH, A1-30 Zones, elevated to eighteen inches or
more above the base flood elevation.
b. In an A0 zone, elevated above the highest adjacent grade
to a height equal to or exceeding the depth number
specified in feet on the FIRM, or elevated at least 2 feet
above the highest adjacent grade if no depth number is
specified.
c. In an A zone, without BFE’s specified on the FIRM
[unnumbered A zone], elevated to eighteen inches or more
above the base flood elevation; as determined under
Section 1 5.60.1 30 C.
Upon the completion of the structure, the elevation of the lowest
floor, including basement, shall be certified by a registered civil
engineer or licensed land surveyor, and verified by the community
building inspector to be properly elevated. Such certification and
verification shall be provided to the Floodplain Administrator.
2. Nonresidential construction.
All new construction or substantial improvements of nonresidential
structures shall either be elevated to conform with Section
15.60.180 C-I or:
a. Be floodproofed, together with attendant utility and sanitary
facilities, below the elevation recommended under Section
15.60.180 C-’l, so that the structure is watertight with walls
substantially impermeable to the passage of water;
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b. Have structural components capable of resisting
hydrostatic and hydrodynamic loads and effects of
buoyancy; and
Be certified by a registered civil engineer or architect that
the standards of Section 15.60.180 C-2.a &b are satisfied.
Such certification shall be provided to the Floodplain
Administrator.
c.
3. Flood openings.
All new construction and substantial improvements of structures
with fully enclosed areas below the lowest floor (excluding
basements) that are usable solely for parking of vehicles, building
access or storage, and which are subject to flooding, shall be
designed to automatically equalize hydrostatic flood forces on
exterior walls by allowing for the entry and exit of floodwater.
Designs for meeting this requirement must meet the following
minimum criteria:
a) For non-engineered openings:
1. Have a minimum of two openings on different sides
having a total net area of not less than one square
inch for every square foot of enclosed area subject
to flooding;
2. The bottom of all openings shall be no higher than
one foot above grade;
3. Openings may be equipped with screens, louvers,
valves or other coverings or devices provided that
they permit the automatic entry and exit of
floodwater; and
Buildings with more than one enclosed area must
have openings on exterior walls for each area to
allow flood water to directly enter; or
4.
b) Be certified by a registered civil engineer or architect.
4. Manufactured homes. See Section 15.60.21 0.
5. Garages and low cost accessory structures.
a) Attached garages.
1. A garage attached to a residential structure,
constructed with the garage floor slab below the
BFE, must be designed to allow for the automatic
entry of flood waters. See Section 15.60.180 C-3.
Areas of the garage below the BFE must be
constructed with flood resistant materials. See
Section 15.60.180 B.
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2. A garage attached to a nonresidential structure
must meet the above requirements or be dry
floodproofed. For guidance on below grade parking
areas, see FEMA Technical Bulletin TB-6.
b) Detached garages and accessory structures.
1. “Accessory structures” used solely for parking (2
car detached garages or smaller) or limited storage
(small, low-cost sheds), as defined in Section
15.60.050, may be constructed such that its floor is
below the base flood elevation (BFE), provided the
structure is designed and constructed in
accordance with the following requirements:
0 Use of the accessory structure must be
limited to parking or limited storage;
ii) The portions of the accessory structure
located below the BFE must be built using
flood-resistant materials;
iii) The accessory structure must be
adequately anchored to prevent flotation,
collapse and lateral movement;
iv) Any mechanical and utility equipment in the
accessory structure must be elevated or
floodproofed to eighteen inches or more
above the BFE;
The accessory structure must comply with
floodplain encroachment provisions in
Section 15.60.230; and
v)
vi) The accessory structure must be designed
to allow for the automatic entry of flood
waters in accordance with Section
15.60.1 80 C-3.
2. Detached garages and accessory structures not
meeting the above standards must be constructed
in accordance with all applicable standards in
Section 15.60.1 80.
SECTION 15.60.190 - STANDARDS FOR UTILITIES.
A. All new and replacement water supply and sanitary sewage systems shall
be designed to minimize or eliminate:
I. Infiltration of flood waters into the systems;
2. Discharge from the systems into flood waters.
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B. On-site waste disposal systems shall be located to avoid impairment to
them, or contamination from them during flooding.
SECTION 15.60.200 - STANDARDS FOR SUBDIVISIONS AND OTHER PROPOSED
DEVELOPMENT.
A. All new subdivisions proposals and other proposed development,
including proposals for manufactured home parks and subdivisions,
greater than 50 lots or 5 acres, whichever is the lesser, shall:
1. Identify the Special Flood Hazard Areas (SFHA) and Base Flood
Elevations (BFE).
Identify the elevations of lowest floors of all proposed structures
and pads on the final plans.
If the site is filled above the,base flood elevation, the following as-
built information for each structure shall be certified by a
registered civil engineer or licensed land surveyor and provided as
part of an application for a Letter of Map Revision based on Fill
(LOMR-F) to the Floodplain Administrator:
2.
3.
a. Lowest floor elevation.
b. Pad elevation.
c. Lowest adjacent grade.
B. All subdivision proposals and other proposed development shall be
consistent with the need to minimize flood damage.
All subdivision proposals and other proposed development shall have
public utilities and facilities such as sewer, gas, electrical and water
systems located and constructed to minimize flood damage.
All subdivisions and other proposed development shall provide adequate
drainage to reduce exposure to flood hazards.
C.
D.
SECTION 15.60.210 - STANDARDS FOR MANUFACTURED HOMES.
A. All manufactured homes that are placed or substantially improved, on
sites located: (1) outside of a manufactured home park or subdivision; (2)
in a new manufactured home park or subdivision; (3) in an expansion to
an existing manufactured home park or subdivision; or (4) in an existing
manufactured home park or subdivision upon which a manufactured
home has incurred "substantial damage" as the result of a flood, shall:
1. Within Zones A1-30, AH, and AE on the community's Flood
Insurance Rate Map, be elevated on a permanent foundation such
that the lowest floor of the manufactured home is elevated to
eighteen inches or more above the base flood elevation and be
securely fastened to an adequately anchored foundation system
to resist flotation, collapse, and lateral movement.
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B. All manufactured homes to be placed or substantially improved on sites in
an existing manufactured home park or subdivision within Zones A? -30,
AH, and AE on the community's Flood Insurance Rate Map that are not
subject to the provisions of Section 15.60.210 A will be securely fastened
to an adequately anchored foundation system to resist flotation, collapse,
and lateral movement, and be elevated so that either the:
1. Lowest floor of the manufactured home is at eighteen inches or
more above the base flood elevation; or
2. Manufactured home chassis is supported by reinforced piers or
other foundation elements of at least equivalent strength that are
no less than 36 inches in height above grade.
Upon the completion of the structure, the elevation of the lowest floor
including basement shall be certified by a registered civil engineer or
licensed land surveyor, and verified by the community building inspector
to be properly elevated. Such certification and verification shall be
provided to the Floodplain Administrator.
SECTION 15.60.220 - STANDARDS FOR RECREATIONAL VEHICLES.
A. All recreational vehicles placed in Zones A1-30, AH, and AE will either:
1. Be on the site for fewer than 180 consecutive days; or
2. Be fully licensed and ready for highway use. A recreational
vehicle is ready for highway use if it is on its wheels or jacking
system, is attached to the site only by quick disconnect type
utilities and security devices, and has no permanently attached
additions; or
3. Meet the permit requirements of Section 15.60.140 of this
ordinance and the elevation and anchoring requirements for
manufactured homes in Section 15.60.21 0 A.
SECTION 15.60.230 - FLOODWAYS.
Since floodways are an extremely hazardous area due to the velocity of flood waters
which carry debris, potential projectiles, and erosion potential, the following provisions
apply:
A. Until a regulatory floodway is adopted, no new construction, substantial
development, or other development (including fill) shall be permitted
within Zones A1-30 and AE, unless it is demonstrated that the cumulative
effect of the proposed development, when combined with all other
development, will not increase the water surface elevation of the base
flood more than 1 foot at any point within the City of Lodi.
B. Within an adopted regulatory floodway, the City of Lodi shall prohibit
encroachments, including fill, new construction, substantial
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improvements, and other development, unless certification by a
registered civil engineer is provided demonstrating that the proposed
encroachment shall not result in any increase in flood levels during the
occurrence of the base flood discharge.
C. If Sections 15.60.230 A &B are satisfied, all new construction, substantial
improvement, and other proposed new development shall comply with all
other applicable flood hazard reduction provisions of Article Ill of this
Ordinance.
ARTICLE IV: VARIANCE PROCEDURE
SECTION 15.60.240 - NATURE OF VARIANCES.
The issuance of a variance is for floodplain management purposes only. Insurance
premium rates are determined by statute according to actuarial risk and will not be
modified by the granting of a variance.
The variance criteria set forth in this section of the ordinance are based on the general
principle of zoning law that variances pertain to a piece of property and are not personal
in nature. A variance may be granted for a parcel of property with physical
characteristics so unusual that complying with the requirements of this ordinance would
create an exceptional hardship to the applicant or the surrounding property owners. The
characteristics must be unique to the property and not be shared by adjacent parcels.
The unique characteristic must pertain to the land itself, not to the structure, its
inhabitants, or the property owners.
The need to protect citizens from flooding is so compelling and the implications of the
cost of insuring a structure built below flood level are so serious that variances from the
flood elevation or from other requirements in the flood ordinance are quite rare. The
long term goal of preventing and reducing flood loss and damage can only be met if
variances are strictly limited. Therefore, the variance guidelines provided in this
ordinance are more detailed and contain multiple provisions that must be met before a
variance can be properly granted. The criteria are designed to screen out those
situations in which alternatives other than a variance are more appropriate.
Variances may not be granted that would permit fraud and victimization of the public or
that would present a threat to public safety or create a nuisance.
SECTION 15.60.250 - CONDITIONS FOR VARIANCES.
A. Generally, variances may be issued for new construction, substantial
improvement, and other proposed new development to be erected on a
lot of one-half acre or less in size contiguous to and surrounded by lots
with existing structures constructed below the base flood level, providing
that the procedures of Sections 15.60.120 - 15.60.170, and Sections
15.60.1 80 - 15.60.230 of this ordinance have been fully considered. As
the lot size increases beyond one-half acre, the technical justification
required for issuing the variance increases.
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B. Variances may be issued for the repair or rehabilitation of "historic
structures" (as defined in Section 15.60.050 of this ordinance) upon a
determination that the proposed repair or rehabilitation will not preclude
the structure's continued designation as an historic structure and the
variance is the minimum necessary to preserve the historic character and
. design of the structure.
C. Variances shall not be issued within any mapped regulatory floodway if
any increase in flood levels during the base flood discharge would result.
D. Variances shall only be issued upon a determination that the variance is
the "minimum necessary" considering the flood hazard, to afford relief.
"Minimum necessary" means to afford relief with a minimum of deviation
from the requirements of this ordinance. For example, in the case of
variances to an elevation requirement, this means the City of Lodi need
not grant permission for the applicant to build at grade, or even to
whatever elevation the applicant proposes, but only to that elevation
which the City of Lodi believes will both provide relief and preserve the
integrity of the local ordinance.
E. Any applicant to whom a variance is granted shall be given written notice
over the signature of a community official that:
1. The issuance of a variance to construct a structure below the base
flood level will result in increased premium rates for flood
insurance up to amounts as high as $25 for $100 of insurance
coverage, and
2. Such construction below the base flood level increases risks to life
and property. It is recommended that a copy of the notice shall be
recorded by the Floodplain Administrator 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.
F. The Floodplain Administrator will maintain a record of all variance actions,
including justification for their issuance, and report such variances issued
in its biennial report submitted to the Federal Emergency Management
Agency.
SECTION 15.60.260 - APPEALS.
The City Council of the City of Lodi shall hear and decide appeals when it is alleged
there is an error in any requirement, decision, or determination made the Floodplain
Administrator in the enforcement or administration of this ordinance.
SECTION 2. Title 17 - "Zoning" of the Lodi Municipal Code is hereby amended by
repealing Chapter 17.51 in its entirety relating to FP Floodplain District.
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SECTION 3. Severabilitv. If any section, subsection, subdivision, paragraph,
sentence, clause or phrase of this Ordinance or any part thereof is for any reason held to
be unconstitutional or invalid or ineffective by any court of competent jurisdiction, such
decision shall not affect the validity or effectiveness of the remaining portions of this
Ordinance or any part thereof. The City Council of the City of Lodi .hereby declares that
it would have passed each section, subsection, subdivision, paragraph, sentence, clause
or phrase thereof irrespective of the fact that any one or more sections, subsections,
subdivisions, paragraphs, sentences, clauses or phrases be declared unconstitutional or
invalid or ineffective.
SECTION 4. No Mandatorv Dutv of Care. This Ordinance is not intended to and shall
not be construed or given effect in a manner which imposes upon the City, or any officer
or employee thereof, a mandatory duty of care towards persons or property within the
City or outside of the City so as to provide a basis of civil liability for damages, except as
otherwise imposed by law.
SECTION 5. Conflict. All ordinances and parts of ordinances in conflict herewith are
repealed insofar as such conflict may exist.
SECTION 6. Effective Date. This ordinance shall be published one time in the “Lodi
News-Sentinel,” a daily newspaper of general circulation printed and published in the
City of Lodi, and shall take effect thirty (30) days from and after its passage and
a p p rova I.
Approved this 1 7‘h day of March, 201 0
PHIL KATZAKIAN ‘
Mayor
City Clerk
24
State of California
County of San Joaquin, ss.
I, Randi Johl, City Clerk of the City of Lodi, do hereby certify that Ordinance
No. 1829 was introduced at a regular meeting of the City Council of the City of Lodi held
March 3, 2010, and was thereafter passed, adopted, and ordered to print at a regular
meeting of said Council held March 17, 201 0, by the following vote:
AYES: COUNCIL MEMBERS - Hansen, Hitchcock, Johnson, Mounce,
and Mayor Katzakian
NOES: COUNCIL MEMBERS - None
ABSENT: COUNCIL MEMBERS - None
ABSTAIN: COUNCIL MEMBERS - None
I further certify that Ordinance No. 1829 was a
on the date of its passage and the same has been pub
signed by the Mayor
City Clerk
City Attorney
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