HomeMy WebLinkAboutAgenda Report - October 7, 2020 G-02 PHAGENDA ITEM G-Z
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AGENDA TITLE:
MEETING DATE:
PREPARED BY:
Public Hearing to Consider lntroducing an Ordinance Approving the Planning
Commission's Recommendation to Amend Lodi Municipal Code Title 15 -
Buildings and Construction by Repealing and Reenacting Chapter 15.60 -
Flood Damage Prevention in its Entirety; Amending Lodi Municipal Code Title
17 - Development Code by Repealing and Reenacting Section 17.14.040 -
General Performance Standards it its Entirety; and Amending Lodi Municipal
Code Chapter 17.28 - Overlay Zoning Districts by Repealing and Reenacting
Section 17.28.030 - Flood Hazard (-F) Overlay Zoning Districts in its entirety;
and Amend the Lodi Zoning Map to Establish the Flood Hazard (-F) - 200
Overlay Districtto lmplementthe Provisions of Senate Bill (SB) 5 and SB 1278
Related to 200-Year Flood Protection
October 7,2020
Community Development Director
RECOMMENDED ACTION: Public Hearing to consider introducing an ordinance approving the
Planning Commission's recommendation to amend Lodi Municipal Code
Title 15 - Buildings and Construction by repealing and reenacting
Chapter 15.60 - Flood Damage Prevention in its entirety; amending Lodi Municipal Code Title 17 -
Development Code by repealing and reenacting Section 17.14.040 - General Performance Standardsit its entirety; and amending Lodi Municipal Code Chapter 17.28 - Overlay Zoning Districts by
repealing and reenacting Section 17.28.030 - Flood Hazard (-F) Overlay Zoning Districts in its
entirety; and amend the Lodi Zoning Map to establish the Flood Hazard (-F) - 200 Overlay District to
implement the provisions of Senate Bill (SB) 5 and SB 1278 related to 200-Year flood protection.
BACKGROUND INFORMATION: California Senate Bill (SB) 5 (Machado) (and subsequent
legislation, SB 1278) requires the City to amend its General Plan
and Zoning regulations to address flooding that has a 1-in-200
chance of occurring in any given year (i.e., a 2}O-year storm event). The intent of the legislation is to
strengthen the link between flood management and land use.
SB 1278 required that SB5-related General Plan amendments be adopted by July 2015 and the
Zoning changes be adopted by July 2016. Based upon analysis demonstrating very limited portions of
the City of Lodi fall within the 200-year flood zone, and that the land within the 200-year flood zone
was already developed and therefore generally exempt from 200-year flood zone restrictions, the City
of Lodi did not proceed with adopting provisions related to SB 5 and SB 1278.
Based upon more recent analysis, staff has determined that the City is required to adopt general plan
and zoning code amendments pursuant to SB 5 and SB 1278. Based on this determination, the
engineering firm Kjeldsen Sinnock Neudeck lnc. (KSN) was retained to delineate the 200-year
floodplain in the City of Lodi.
APPROVED
er, City Manager
October 7,2O2O
Page2
The proposed Lodi Municipal Code (LMC) amendments would apply the findings of KSN's floodplain
mapping ("Mokelumne River Hydraulic Analyses: Summary of Methodology and Results", dated
December 19,2018, on file with the Public Works Department). The study and supporting, implement
the requirements of SB 5 related to 200-year flood protection, and update provisions of the LMC to
meet current legislative requirements related to the 200-year floodplain.
The provisions of SB 5 and required 200-year flood protection are supplementary to existing flood
protection policies implemented by the City. The City will continue to implement existing provisions
related to the 1OO-year floodplain. lt is noteworthy that the 200-year floodplain does not have a direct
relationship with Federal flood insurance requirements; the insurance requirements only apply to the
Federally-mapped 1 00-year floodplain.
Under SB 5, affected jurisdictions must determine that an Urban Level of Flood Protection will be
achieved prior to approving most types of development within the designated 200-year floodplain. The
term 200-year floodplain refers to areas anticipated to be inundated in a storm that has a 1-in-200
chance of occurring in any given year (200-year storm event). Specific actions requiring a
determination of Urban Level of Flood Protection include:
o Entering into a Development Agreement for all types of property development.
o Approving a discretionary permit or other discretionary entitlement for all development
projects.
. Approving a ministerial permit for all projects that would result in construction of a new
residence.
. Approving a tentative map consistent with the Subdivision Map Act for all suþdivisions.
o Approving a Parcel Map for which a tentative map is not required consistent with the
Subdivision Map Act for all subdivisions.
Ïhe City Council considered various policy issues related to the 200-year floodplain at its June 4,
2019 Shirtsleeve session. ln addition to providing background on 200-year floodplain requirements,
staff requested Council direction on the following points:
a
a
a
Definition of 200-Year Floodplain. The City is required to define a depth of inundation
associated with the 200-year floodplain. SB 5 established that areas inundated to a depth
of three feet or more must be considered within the 200-year floodplain. The City Council
directed that this standard be applied in Lodi.
Building Floor Elevation. For property located within the 200-year floodplain, the City is
required to establish a minimum building floor elevation. The City Council directed that
building floors in the 21}-year floodplain must be at or higher than the anticipated water
level of the 200-year flood.
Consider Planned lmprovements. ln modeling the 200-year floodplain, the City is allowed
to consider planned projects that will provide additional flood protection (e.9., floodwall at
Mills & Turner). The Council directed the 200-year floodplain be modeled as currently
exists and without the benefit of future improvements.
Ïhe above direction was provided to KSN and applied in the modeling and mapping of the 200-year
floodplain in the City of Lodi.
October 7,2020
Page 3
PROPOSED AMENDMENTS:
The actions proposed for the City Council's consideration include amendments to three
chapters/sections of the LMC. Specifically, these amendments include:
o
a
a
a
Amendments to Chapter 15.60 - Flood Damage Prevention defines the 200-year
floodplain, notes the findings that must be made prior to allowing development in the 200-
year floodplain and identifies types of construction that are exempt from 200-year
floodplain regulations.
Amendments to Section 17.14.040 - General Performance Standards are limited to a new
reference that all development shall be in compliance with the provisions of Chapter 15.60
- Flood Damage Prevention.
Amendments to Chapter 17.28 - Overlay Zoning Districts amend Section 17 .28.030 -Flood hazard overlay zoning districts, to establish both a 10O-year flood zone (-F100) and
a 200-year flood zone (-F200). This section also establishes the applicability of the F200
overlay district as well as exempt projects.
Mapping amendments to identify the -F100 overlay district and the -F2OO overlay district on
the City's Zoning Map.
ENVIRONMENTAL ASSESSMENT: The California Environmental Quality Act (CEQA) requires
analysis of agency approvals of discretionary "projects." A "project," under CEQA, is defined as "the
whole of an action, which has a potential for resulting in either a direct physical change in the
environment, or a reasonably foreseeable indirect physical change in the environment." The
amendment of the General Plan and Lodi Municipal Code is a project under CEQA (Project).
The proposed Project includes amendments to the Lodi Municipal Code (Title 1b and Tifle 17) in
response to the requirements of SB 5 and SB 1278 flood risk legislation. ln total, the amendments
implement new limits and requirements related to development in the 200-year floodplain.
The General Plan established the policy direction for land uses in the City. The Lodi Municipal Code
(LMC) implements and is consistent with the policies and land use designations of the General Plan.A comprehensive update of the General Plan was adopted in 2010 and the Lodi General plan
Environmental lmpact Report (ElR) (SCH No. 2009022075), was certified in 2010.
The proposed amendments to the LMC (Proposed Amendments) will implement flood management
requirements established under SB 5 and SB 1278 and will be consistent with the development
assumptions and policy direction as establish under the General Plan and as analyzed by the General
Plan ElR.
State CEQA Guidelines Section 15162 (Subsequent ElRs and Negative Declarations) establishes that
when an EIR has been certified for an adopted project, no subsequent EIR shall be prepared for that
project unless the lead agency determines, on the basis of substantial evidence in light of the whole
record, that one or more of the following exists:
1. Substantial changes are proposed in the project which will require major revisions of the
previous EIR due to the involvement of new significant environmental effects or a substantial
increase in the severity of previously identified significant effects;
Analvsis: Uses allowed under the Municipal Code (Title 17 - Development Code) were
analyzed under the General Plan ElR. The Proposed Amendments will not result in any
October 7,2020
Page 4
increases to the density or intensity of uses allowed under the LMC and would not allow any
uses not currently allowed under the LMC. The Proposed Amendments do not represent a
significant change to the LMC with regard to environmental effects and would not require
amendment of the General Plan ElR.
2. Substantial changes occur with respect to the circumstances under which the project is
undertaken which will require major revisions of the previous EIR due to the involvement of
new significant environmental effects or a substantial increase in the severity of previously
identified significant effects;
Analvsis: The uses allowed under the LMC are consistent with the policies and programs of
the General Plan and the analysis of environmental effects of the General Plan EIR remain
valid. With regard to the Proposed Amendments, no changes in circumstances have occurred
since certification of the EIR that would result in new significant environmental effects or an
increase in the severity of previously identified significant effects related to the Proposed
Amendments.
3. New information of substantial importance, which was not known and could not have been
known with exercise of reasonable diligence at the time of the previous EIR was certified as
complete shows any of the following:
a. The project will have one or more significant impacts not discussed in the previous EIR;
b. Significant effects previously examined will be substantially more severe than shown in
the previous EIR;
c. Mitigation measures or alternatives previously found not to be feasible would in fact be
feasible and would substantially reduce one or more significant effects of the project,
butthe project proponents decline to adopt the mitigation measure or alternative; or
d. Mitigation measures or alternatives which are considerably different from those
analyzed in the previous EIR would substantially reduce one or more significant effects
on the environment, but the project proponents decline to adopt the mitigation
measures or alternative.
Analvsis: The Proposed Amendments will not result in changes to the physical environment
that were not previously analyzed in the General Plan ElR. No new information has been
identified since certification of the General Plan EIR that has the potential uncover any new
significant impacts or substantial increases in the severity of impacts that would result from
adoption of the LMC amendments.
Based upon the above analysis, the staff has determined that, consistent with Section 15162 of the
CEQA Guidelines, no modifications to the General Plan EIR would be necessary for it to adequately
address the impacts of the proposed Project. Therefore, no further CEQA review is required.
PLANNING COMMISSION REVIEW: The Planning Commission, on August 26, 2020, held a
duly noticed public hearing to consider the Proposed Amendments to Title 15 and Title 17 of the LMC.
Following its consideration and discussion of the proposed amendments the Planning Commission
voted 5-0 to recommend that the City Council (i) find the amendments are not subject to review under
CEQA and (ii) adopt the proposed amendments to the City's Municipal Code. Attached is Planning
Commission Resolution No. 20-14 providing recommendations to the City Council.
October 7,2020
Page 5
PUBLIC HEARING NOTICE
Legal Notice pertaining to the proposed amendments to the Lodi Municipal Code were published in
the Lodi News Sentinel on September 5, 2Q20.
FISCAL IMPACT: Not applicable.
FUND¡NG AVAILABLE: Not applicable.
Respectfully Submitted,Concur,
John Dell
Commun
ntca
Development Di
antce Magdich
rney
ATTACHMENTS:
1. An Ordinance Amending Lodi Municipal Code Title 15 - Buildings and Construction by Repealing and Reenacting
Chapter 15.60 - Flood Damage Prevention in its Entirety;Amending Lodi Municipal Code Title 17 - Development
Code by Repealing and Reenacting Section 17.14.040 - General Performance Standards it its Entirety; and
Amending Lodi Municipal Code Chapter 17.28 - Overlay Zoning Districts by Repealing and Reenacting Section
17.28.030 - Flood Hazard (-F) Overlay Zoning Districts in its entirety; and Amend the Lodi Zoning Map to Establish
the Flood Hazard (-F) - 200 Overlay District to lmplement the Provisions of Senate Bill (SB) 5 and SB 1278 Related
to 200-Year Flood Protection.
Map of the -F200 Overlay District.
Planning Commission Resolution No. 20-14
ci
2
3
ORDINANCE NO. ____
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LODI
AMENDING LODI MUNICIPAL CODE TITLE 15 – BUILDINGS AND
CONSTRUCTION – BY REPEALING AND REENACTING CHAPTER 15.60
– FLOOD DAMAGE PREVENTION IN ITS ENTIRETY; AMENDING LODI
MUNICIPAL CODE TITLE 17 – DEVELOPMENT CODE – BY REPEALING
AND REENACTING SECTION 17.14.040 – GENERAL PERFORMANCE
STANDARDS IN ITS ENTIRETY; AND AMENDING LODI MUNICIPAL
CODE CHAPTER 17.28 – OVERLAY ZONING DISTRICTS – BY
REPEALING AND REENACTING SECTION 17.28.030 – FLOOD HAZARD
(-F) OVERLAY ZONING DISTRICTS IN ITS ENTIRETY, AND AMENDING
THE LODI ZONING MAP TO ESTABLISH THE FLOOD HAZARD (-F) – 200
YEAR OVERLAY DISTRICT TO IMPLEMENT THE PROVISIONS OF
SENATE BILL 5 AND SENATE BILL 1278 RELATED TO 200-YEAR
FLOOD PROTECTION
==================================================================
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LODI AS FOLLOWS:
SECTION 1. Lodi Municipal Code Chapter 15.60 – Flood Damage Prevention is
hereby repealed and reenacted in its entirety and shall read as follows:
CHAPTER 15.60 - FLOOD DAMAGE PREVENTION
Article I. - General Provisions
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.
15.60.020 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.
15.60.30 Statement of Purpose.
It is the purpose of this chapter 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:
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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;
4. Minimize prolonged business interruptions;
5. 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;
6. 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;
7. Ensure that potential buyers are notified that property is in an area of
special flood hazard; and
8. Ensure that those who occupy the areas of special flood hazard assume
responsibility for their actions.
15.60.040 Methods of Reducing Flood Losses.
In order to accomplish its purposes, this chapter 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;
2. Require that uses vulnerable to floods, including facilities which serve
such uses, be protected against flood damage at the time of initial
construction;
3. Control the alteration of natural floodplains, stream channels, and natural
protective barriers, which help accommodate or channel floodwaters;
4. Control filling, grading, dredging, and other development which may
increase flood damage;
5. Prevent or regulate the construction of flood barriers which will
unnaturally divert floodwaters or which may increase flood hazards in
other areas.
6. Restrict or prohibit new development in areas identified as within the 200-
year floodplain.
15.60.50 Definitions.
Unless specifically defined below, words or phrases used in this chapter shall be
interpreted so as to give them the meaning they have in common usage and to give this
chapter its most reasonable application.
A. "A zone" See "Special flood hazard area."
B. "Accessory structure" means a structure that is either:
1. Solely for the parking of no more than two cars; or
2. A small, low-cost shed for limited storage, less than one hundred
twenty square feet.
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C. "Accessory use" means a use which is incidental and subordinate to the
principal use of the parcel of land on which it is located.
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 chapter.
G. "Area of shallow flooding" means a designated AO or AH Zone on the
flood insurance rate map (FIRM). The base flood depths range from one
to three feet; a clearly defined channel does not exist; the path of flooding
is unpredictable and indeterminate; and velocity flow may be evident.
Such flooding is characterized by ponding or sheet flow.
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 "100-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 V1-V30 that
indicates the water surface elevation resulting from a flood that has a one
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 manmade 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.
O. "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.
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; and/or mudslides (i.e.,
mudflows); and
2. The condition resulting from flood-related erosion.
3. See definition EEE for additional description of flooding in the
200-year floodplain.
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 community.
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. "Floodplain or floodprone area" means any land area susceptible to being
inundated by water from any source —See "Flooding."
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 chapter 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 floodprone 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 chapter, 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 fifty 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 chapter 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;
2. Certified or preliminarily determined by the secretary of the interior
as contributing to the historical significance of a registered historic
district or a district preliminarily determined by the secretary to
qualify as a registered historic district;
3. Individually listed on a state inventory of historic places in states
with historic preservation programs which have been approved by
the secretary of interior; or
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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.
II. "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. "Lowest floor" means the lowest floor of the lowest enclosed area,
including basement (see "Basement" definition).
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 15.60.180(A);
c. The construction materials and methods standards in
Section 15.60.180(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 not include a "recreational
vehicle."
LL. "Manufactured home park or subdivision" means a parcel (or contiguous
parcels) of land divided into two or more manufactured home lots for rent
or sale.
MM. "Market value" is defined in the city of Lodi substantial
damage/improvement procedures. See Section 15.60.130(B)(1).
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.
OO. "New construction," for floodplain management purposes, means
structures for which the "start of construction" commenced on or after
April 16, 2010, and includes any subsequent improvements to such
structures.
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
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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 "100-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 chapter, 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. Four hundred 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.
VV. "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.
XX. "Riverine" means relating to, formed by, or resembling a river (including
tributaries), stream, brook, etc.
YY. "Sheet flow area." See "Area of shallow flooding."
ZZ. "Special flood hazard area (SFHA)" means an area in the floodplain
subject to a one percent or greater chance of flooding in any given year.
It is shown on an FHBM or FIRM as Zone A, AO, A1-A30, AE, A99, or,
AH.
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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 one
hundred eighty 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 fifty 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 fifty 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. “Two Hundred (200) Year Floodplain” means areas that have a 1-in-200
chance of flooding (water depths of three feet or more) in any given year
using criteria consistent with, or developed by, the California Department
of Water Resources. As used in this chapter, the term shall be ascribed
to all areas labeled as such on Figure 2 of the Safety Element of the
General Plan.
FFF. “Urban Level of Flood Protection” means the level of protection that is
necessary to withstand flooding that has a 1-in-200 chance of occurring in
any given year using criteria consistent with, or developed by, the
California Department of Water Resources.
GGG. "Variance" means a grant of relief from the requirements of this chapter
which permits construction in a manner that would otherwise be
prohibited by this chapter.
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FFFHHH ."Violation" means the failure of a structure or other development
to be fully compliant with this chapter. A structure or other development
without the elevation certificate, other certifications, or other evidence of
compliance required in this chapter is presumed to be in violation until
such time as that documentation is provided.
GGGIII. "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.
HHHJJJ. "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.
15.60.60 Lands to Which This Chapter Applies.
This chapter shall apply to all areas of special flood hazards within the
jurisdiction of city of Lodi.
15.60.70 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 chapter.
This FIS and attendant mapping is the minimum area of applicability of this chapter and
may be supplemented by studies for other areas which allow implementation of this
chapter 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.
Areas designated as within the 200-year floodplain were identified in the
December 19, 2018 study “Mokelumne River Hydraulic Analyses: Summary of
Methodology and Results”, prepared by Kjeldsen Sinnock Nuedeck, Inc. (KSN). The
study and supporting analysis are on file at the Cty of Lodi Public Works Department,
221 West Pine Street, Lodi, California, 95240.
15.60.80 Compliance.
No structure or land shall hereafter be constructed, located, extended,
converted, or altered without full compliance with the terms of this chapter 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.
15.60.90 Abrogation and Greater Restrictions.
This chapter is not intended to repeal, abrogate, or impair any existing
easements, covenants, or deed restrictions. However, where this chapter and another
ordinance, easement, covenant, or deed restriction conflict or overlap, whichever
imposes the more stringent restrictions shall prevail.
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15.60.100 Interpretation.
In the interpretation and application of this chapter, all provisions shall be:
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.
15.60.110 Warning and Disclaimer of Liability.
The degree of flood protection required by this chapter 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 chapter 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 chapter 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 chapter or
any administrative decision lawfully made hereunder.
Article II. – Administration
15.60.120 Designation of the Floodplain Administrator.
The Public Works Director is hereby appointed to administer, implement, and
enforce this chapter by granting or denying development permits in accord with its
provisions.
15.60.130 Duties and Responsibilities of the Floodplain Administrator.
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 chapter have been satisfied, including
determination of substantial improvement and substantial damage
of existing structures;
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 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 one foot at any point within the city of Lodi;
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
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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 III, 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 (100-year) Flood Elevations" dated July 1995.
D. 200-year Flood Zone Determination. Review development applications to
determine whether a proposed project is within the 200-year floodplain.
No development or physical changes requiring a development permit
required by this Title shall be allowed within the 200-year floodplain
unless it has first met one or more of the following findings; these findings
shall be made by the Floodplain Administrator.
1. The project has an Urban Level of Flood Protection from flood
management facilities that is not reflected in the most recent map
of the 200-year floodplain;
2. Conditions imposed on the project will provide for an Urban Level
of Flood Protection;
3. Adequate progress has been made toward construction of a flood
protection system to provide an Urban Level of Flood Protection
for the project, as indicated by the Central Valley Flood Protection
Board for State projects, or by the Floodplain Administrator for
local projects; or
4. The project is a site improvement that would not result in the
development of a new habitable structure and would not increase
risk of damage to neighboring development or alter the
conveyance area of a watercourse in the case of a flood.
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E. Allowable Land Uses, -F200 overlay district. Nothing in this subsection
is intended to authorize a use not otherwise allowed in the primary
zoning district with which the -F200 overlay district is combined.
F. Exempt Projects, -F200 overlay district. Site improvements that would not
result in the development of a new habitable structure and would not
increase risk of damage to neighboring development or alter the
conveyance area of a watercourse in the case of a flood are exempt from
the restrictions of the -F200 overlay district. Improvements that qualify for
this exemption include, but are not limited to, the replacement or repair of
a damaged or destroyed habitable structure with substantially the same
building footprint area; interior repairs or remodels to existing structures;
additions to existing residential dwellings; new non-habitable structures or
repairs or remodels to non-habitable structures including but not limited to
landscape features, detached garages, and pools and spas.
GD. Notification of Other Agencies.
1. 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 six 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).
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 CLOMR's 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.
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HE. 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)(1) and Section
15.60.210 (lowest floor elevations);
2. Certification required by Section 15.60.180(C)(2) (elevation or
floodproofing of nonresidential structures);
3. Certification required by Section 15.60.180(C)(3) (wet
floodproofing standard);
4. Certification of elevation required by Section 15.60.200(A)(3)
(subdivisions and other proposed development standards);
5. Certification required by Section 15.60.230(B) (floodway
encroachments); and
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.
IF. 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.
JG. Remedial Action. Take action to remedy violations of this chapter as
specified in Section 15.60.080.
KH. Biennial Report. Complete and submit biennial report to FEMA.
LI. Planning. Assure community's general plan is consistent with floodplain
management objectives herein.
15.60.140 Development permit -F100 Overlay District.
No structure or land shall, after the effective date of the ordinance codified in this
chapter, be located, extended, converted or altered within the -F100FP (floodplain)
zoned lands overlay district 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 this code Sections 17.72.040 through 17.72.110. Development permit
applications shall be reviewed by the community development director and the
requirements of this chapter enforced in accordance with this 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:
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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. Location of the regulatory floodway when applicable;
5. Base flood elevation information as specified in Section 15.60.070
or Section 15.60.130(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 chapter 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 15.60.180(C)(2).
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 chapter 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 chapter.
15.60.150 Permitted uses—Generally.
The following uses are permitted in the -F100 overlay district 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.
15.60.160 Permitted Uses, -F100 overlay district—Use permit and State Approvals.
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The following uses may be permitted in the -F100 overlay district 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 III "Provisions for Flood Hazard Reduction" of this
chapter:
A. Residential dwellings on existing undeveloped lots in subdivisions
approved before January 1, 1977;
B. Outdoor recreational facilities:
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.
15.60.170 Prohibited Uses, -F100 Overlay District.
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 III. - Provisions for Flood Hazard Reduction
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.
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B. Construction Materials and Methods. All new construction and substantial
improvements of structures, including manufactured homes, shall be
constructed:
1. With flood resistant materials, and utility equipment resistant to
flood damage for areas below the base flood elevation;
2. Using methods and practices that minimize flood damage;
3. 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
4. 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.
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 AO 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 two 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 15.60.130(C).
d. In the -F200 overlay zone, finished floor shall be at or
above the elevation of the 200-year flood.
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 Subsection (C)(1) of this section or:
a. Be floodproofed, together with attendant utility and sanitary
facilities, below the elevation recommended under
Subsection (C)(1) of this section, 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
c. Be certified by a registered civil engineer or architect that
the standards of Subsection (C)(2)(a) and (b) of this
section are satisfied. Such certification shall be provided to
the floodplain administrator.
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:
i. 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;
ii. The bottom of all openings shall be no higher than
one foot above grade;
iii. 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
iv. Buildings with more than one enclosed area must
have openings on exterior walls for each area to
allow flood water to directly enter; or
b. Be certified by a registered civil engineer or architect.
4. Manufactured Homes. See Section 15.60.210.
5. Garages and Low Cost Accessory Structures.
a. Attached Garages.
i. 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 Subsection (C)(3) of this
section. Areas of the garage below the BFE must
be constructed with flood resistant materials. See
Subsection (B) of this section.
ii. 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.
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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:
i. 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;
v. The accessory structure must comply with
floodplain encroachment provisions in
Section 15.60.230; and
vi. The accessory structure must be designed
to allow for the automatic entry of flood
waters in accordance with Subsection
(C)(3) of this section.
2. Detached garages and accessory structures not
meeting the above standards must be constructed
in accordance with all applicable standards in this
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:
1. Infiltration of flood waters into the systems;
2. Discharge from the systems into flood waters.
B. On-site waste disposal systems shall be located to avoid impairment to
them, or contamination from them during flooding.
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 fifty lots or five acres, whichever is the lesser, shall:
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1. Identify the special flood hazard areas (SFHA) and base flood
elevations (BFE).
2. Identify the elevations of lowest floors of all proposed structures
and pads on the final plans.
3. 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:
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.
C. 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.
D. All subdivisions and other proposed development shall provide adequate
drainage to reduce exposure to flood hazards.
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.
B. All manufactured homes to be placed or substantially improved on sites
in an existing manufactured home park or subdivision within Zones A1-
30, AH, and AE on the community's flood insurance rate map that are not
subject to the provisions of Subsection (A) of this section 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 thirty-six inches in height above grade.
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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.
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 one hundred eighty 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 chapter
and the elevation and anchoring requirements for manufactured
homes in Section 15.60.210 (A).
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 one 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
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 Subsections (A) and (B) of this section are satisfied, all new
construction, substantial improvement, and other proposed new
development shall comply with all other applicable flood hazard reduction
provisions of Article III of this chapter.
Article IV. - Variance Procedure
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 are based on the general principle of
zoning law that variances pertain to a piece of property and are not personal in nature. A
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variance may be granted for a parcel of property with physical characteristics so unusual
that complying with the requirements of this chapter would create an exceptional
hardship to the applicant or the surrounding property owners. The characteristics must
be unique to the property and not be shared by 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 chapter
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.
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
15.60.180—15.60.230 of this chapter have been fully considered. As the
lot size increases beyond one-half acre, the technical justification
required for issuing the variance increases.
B. Variances may be issued for the repair or rehabilitation of "historic
structures" (as defined in Section 15.60.050 of this chapter) 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 chapter. 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 twenty-five dollars for one
hundred dollars of insurance coverage, and
22
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.
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 by the floodplain
administrator in the enforcement or administration of this chapter.
SECTION 2. Lodi Municipal Code Section 17.14.040 – General Performance
Standards is hereby repealed and reenacted in its entirety and shall read as follows:
17.14.040 General Performance Standards.
All land uses activities, and processes shall be operated and maintained so as to
not be injurious to public health, safety or welfare, and to comply with the following
standards:
A. Air Emissions. No visible dust, gasses, or smoke shall be emitted, except
as necessary for the heating or cooling of structures, and the operation of
motor vehicles on the site.
B. Combustibles and Explosives. The use, handling, storage, and
transportation of combustibles and explosives shall comply with the
Uniform Fire Code.
C. Ground Vibration. No ground vibration shall be generated that is
perceptible without instruments by a reasonable person at the property
lines of the site, except for motor vehicle operations.
D. Light and Glare. See Section 17.14.070 (Lighting).
E. Liquid Waste. No liquid shall be discharged into a public or private body
of water, sewage system, watercourse, or into the ground, except in
compliance with applicable regulations of the California Regional Water
Quality Control Board.
F. Noise. No use, activity, or process shall exceed the maximum allowable
noise standards identified by the general plan.
G. Odor. No obnoxious odor or fumes shall be emitted that are perceptible
without instruments by a reasonable person at the property line of the
site.
H. Radioactivity, Electrical Disturbance or Electromagnetic Interference.
None of the following shall be emitted:
1. Radioactivity, in a manner that does not comply with all applicable
state and federal regulations; or
2. Electrical disturbance or electromagnetic interference that
interferes with normal radio or television reception, or with the
23
function of other electronic equipment beyond the property line of
the site; or that does not comply with all applicable Federal
Communications Commission (FCC) and other applicable state
and federal regulations.
I. Flooding. All development shall be in compliance with the provisions of
Chapter 15.60 (Flood Damage Prevention).
SECTION 3. Lodi Municipal Code Section 17.28.030 Flood Hazard (-F) Overlay Zoning
Districts is hereby repealed and reenacted in its entirety and shall read as follows:
17.28.030 - Flood hazard (-F100 and -F200) Overlay Zoning Districts.
A. Purpose. The -F100 and -F200 overlay districts areis intended to protect
people and property from flood hazard risks by appropriately regulating
development and land uses within areas subject to flooding. Special regulation
is necessary for the protection of the public health, safety and general welfare,
and of property and improvements from hazards and damage resulting from
floodwaters and to promote the open space conservation element policies of
the general plan.
B. Applicability, -F100 Overlay District.
1. Application to Property. The -F100 overlay district is applied to areas
within the city prone to flood hazard risks from the 100-year storm
event, combined with any primary zoning district as shown on the
zoning map and by Section 17.10.020 (Zoning Districts Established).
2. Floodplain Boundaries. The Mokelumne River floodplain is defined as
those areas of special flood hazard identified by the Federal Insurance
Administration through a scientific and engineering report entitled "The
Flood Insurance Study for the City of Lodi," dated June, 1987October
2009, with accompanying flood insurance rate maps and any revision
thereto, which are adopted by reference and declared to be a part of
this section. Maps and data which reflect this delineation are on file in
the office of the director of community developmentat City Hall.
C. Applicability, -F200 Overlay District.
1. Application to Property. The -F200 overlay district is applied to areas
within the city prone to flood hazard risks from the 200-year storm
event, combined with any primary zoning district as shown on the
zoning map and as established by Section 17.10.020 (Zoning Districts
Established).
2. Floodplain Boundaries. The 200-year floodplain is identified on Figure
8.2, 200-Year Flood Zones, of the City of Lodi General Plan Safety
Element.
D. Permit Requirements, -F100 Overlay District. No structure or land shall, after
the effective date of the ordinance codified in this chapter, be located,
extended, converted or altered within the -F100 overlay zoning district 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
24
title and, for developments requiring use permits, with the provisions of Section
17.12.030.
E. Allowable Land Uses, -F100 Overlay District. Nothing in this subsection is
intended to authorize a use not otherwise allowed in the primary zoning district
with which the -F overlay district is combined.
1. Permitted Uses Generally, -F100 Overlay District. Unless otherwise
prohibited or subject to a use permit in the primary zoning district, 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, orchards, and livestock feeding and grazing;
c. The storage of farm machinery which is readily removable from
the area within the time available after flood warning;
d. Recreational: Firmly anchored recreational floating docks; and
e. Modification of Native Vegetation: Where modification or
removal native vegetation is required, such modification or
removal may be after obtaining a development permit consisting
of written approval from the community development director;
provided, that such modifications in the floodplain have been
found to be consistent with the general plan.
2. Permitted Uses, -F100 Overlay District—Use Permit and State
Approval. Unless otherwise prohibited in the primary zoning district, 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 following:
a. Residential dwellings on existing undeveloped lots in
subdivisions approved before January 1, 1977;
b. Outdoor recreational facilities:
i. Campgrounds;
ii. Boating facilities;
iii. Parks;
iv. Golf courses or driving ranges;
v. Athletic fields; and
vi. Shooting ranges;
c. Fences, fills, walls, excavations or other appurtenances which
do not constitute an obstruction or debris-catching obstacle to
25
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.
3. Prohibited Uses—Storage or Processing. The storage or processing of
materials that are in time of flooding buoyant, flammable or explosive,
or could be injurious to human, animal or plant life, is prohibited.
F. Development Standards, -F100 overlay district. In all areas zoned in the -F100
overlay district, the provisions set out in subsections 1 through 6 are required.
1. Elevation of Lowest Floor. The lowest floor of any residential structure,
including garages and accessory buildings, shall be elevated eighteen
inches or more above the level of the base flood elevation.
2. Anchorage. All new construction and substantial improvements shall be
anchored to prevent flotation, collapse or lateral movement of the
structure.
3. Construction Practices and Materials. All new construction or
substantial improvements shall be constructed with materials and utility
equipment resistant to flood damage using methods and practices that
minimize flood damage.
4. Water and sewer systems. New and replacement water and sanitary
sewage systems shall be designed to minimize or eliminate infiltration
of floodwaters into the systems and discharges from the systems into
floodwaters.
5. Nonresidential Structures. New nonresidential structures shall be
floodproofed or elevated eighteen inches or more above the level of the
base flood.
6. Floodproofing. All structures requiring floodproofing shall be so
designed so that below the base flood level the structure is watertight
with walls substantially impermeable to the passage of water and with
structural components having the capability of resisting hydrostatic and
hydrodynamic loads with effects of buoyancy. A registered professional
engineer or architect shall certify that the standards of this section are
satisfied and a copy of such certification shall be provided to the
director of public works and the chief building inspector.
G. Flood Zone Determination – 200-Year Floodplain.
1. No development or physical changes requiring a development permit
required by this Title shall be allowed within the 200-year floodplain
26
unless it has first met one or more of the findings established under
Section 15.60.130.D of this code.
2. Allowable Land Uses, -F200 overlay district. Nothing in this subsection
is intended to authorize a use not otherwise allowed in the primary
zoning district with which the -F200 overlay district is combined.
3. Exempt Projects, -F200 overlay district. Site improvements that would not
result in the development of a new habitable structure and would not
increase risk of damage to neighboring development or alter the
conveyance area of a watercourse in the case of a flood are exempt from
the restrictions of the -F200 overlay district. Improvements that qualify for
this exemption include, but are not limited to, the replacement or repair of
a damaged or destroyed habitable structure with substantially the same
building footprint area; interior repairs or remodels to existing structures;
additions to existing residential dwellings; new non-habitable structures or
repairs or remodels to non-habitable structures including but not limited to
landscape features, detached garages, and pools and spas.
G.H. Warning—Liability Denied. The degree of flood protection required by this
chapter 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 manmade or natural
causes. This chapter 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 chapter shall not create liability on the part of the city or by any
officer or employee thereof for any flood damages that result from reliance on
this chapter or any administrative decision lawfully made under this chapter.
SECTION 4. The Lodi Zoning Map is hereby amended to include the -F-200 Overlay
District which includes lands subject to flooding during the 200-year storm as identified
in the Kjeldsen, Sinnock and Neudeck Inc. study “Mokelumne River Hydraulic Analyses:
Summary of Methodology & Results” dated December 19, 2018.
SECTION 5. All ordinances and parts of ordinances in conflict herewith are repealed
insofar as such conflict may exist.
SECTION 6. No Mandatory Duty 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 toward 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 7. Severability. If any provision of this ordinance or the application thereof
to any person or circumstances is held invalid, such invalidity shall not affect other
provisions or applications of the ordinance which can be given effect without the invalid
provision or application. To this end, the provisions of this ordinance are severable.
The City Council hereby declares that it would have adopted this ordinance irrespective
of the invalidity of any particular portion thereof.
SECTION 8. Effective Date and Publication. This Ordinance shall take effect thirty
(30) days after its adoption. In lieu of publication of the full text of the Ordinance within
fifteen (15) days after its passage, a summary of the Ordinance may be published at
least five (5) days prior to and fifteen (15) days after adoption by the City Council, and a
certified copy shall be posted in the office of the City Clerk pursuant to Government
Code section 36933(c)(1).
27
Approved this____ day of _________, 2020
___________________________________
DOUG KUEHNE
Attest: Mayor
JENNIFER CUSMIR
City Clerk
================================================================
State of California
County of San Joaquin, ss.
I, Jennifer Cusmir, City Clerk of the City of Lodi, do hereby certify that Ordinance
No. ____ was introduced at a regular meeting of the City Council of the City of Lodi held
October 7, 2020, and was thereafter passed, adopted, and ordered to print at a regular
meeting of said Council held _____________, 2020, by the following vote:
AYES: COUNCIL MEMBERS –
NOES; COUNCIL MEMBERS –
ABSENT: COUNCIL MEMBERS –
ABSTAIN: COUNCIL MEMBERS –
I further certify that Ordinance No. ____ was approved and signed by the Mayor
on the date of its passage and the same has been published pursuant to law.
JENNIFER CUSMIR
City Clerk
Approved as to Form:
JANICE D. MAGDICH
City Attorney
Púeøse ímmedíately conftrm receìpt
of thís _fax by cøllíng 333-6702
CITY OF LODI
P. O. BOX 3006
LODI, CALIFORNTA 95241.1910
ADVERTISING INSTRUC TIONS
SUMMARY OF ORDINANCE NO. 1979SUBJECT:
PUBLISH DATE:SATURDAY, OCTOBER 10, 2020
T ¡GAL AD
TEAR SHEETS WANTED: One (l) please
SEND AFF¡DAVIT AND BILL TO:
LNS ACCT. #s{OOt52
JENNIFER CUSMIR, CITY CLERK
City of Lodi
P.O. Box 3006
Lodi, CA 95241-1910
DATED:
ORDERED BY
PAMELA M. FARRIS
ASSISTANT CITY CLERK
THURSDAY, OCTOBER B, 2O2O
JENNIFER CUSM¡R
CITY CLERK
KAYLEE CLAYTON
ADMINISTRATIVE CLERK
Verify Appearance of this Legal in the Newspaper - Copy to File
SEND PROOF OFADVERTISEMENN THANK YOUII
Emailed to the Sentinelat legals@lodinews.com at on
\\cvcfilv0l\administration$\Administration\CLERK\OrdSummaries\Advins.doc
ctw oF LoDt
ORDINANCE NO. I979
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LODI AMENDING LODI
MUNICIPAL CODE TITLE 15 - BUILDINGS AND CONSTRUCTION - BY REPEALING AND
REENACTING CHAPTER I5.60 - FLOOD DAMAGE PREVENTION - IN ITS ENTIRETY;
AMENDING LODI MUNICIPAL CODE TITLE 17 - DEVELOPMENT CODE - BY REPEALING
AND REENACTING SECTION 17.14.O4O, "GENERAL PERFORMANCE STANDARDS,'' IN
ITS ENTIRETY; AND AMEND¡NG LODI MUNICIPAL CODE CHAPTER 17.28
OVERLAYING ZONING DISTRICTS BY REPEALING AND REENACTING SECT¡ON
17.28.030, "FLOOD HAZARD (-F) OVERLAY ZONTNG D|STR|CTS," tN tTS ENTTRETY; AND
AMEND¡NG THE LODI ZONTNG mAP TO ESTABLTSH THE FLOOD HAZARD (-F) - 200-
YEAR OVERLAY DISTRICT TO IMPLEMENT THE PROVISIONS OF SENATE BILL 5 AND
SENATE BILL 1278 RELATED TO 200-YEAR FLOOD PROTECTION. The purpose of this
ordinance is to amend City of Lodi General Plan and Zoning Code in compliance with Senate
Bill (SB) 5 and SB 1278 related to flood management and land use. lntroduced October 7,2020.
Adoption to be considered October 21. 2020. AYES: Chandler, Mounce, Nakanishi, and Mayor
Kuehne; NOES: None; ABSENT: None.
Jennifer Cusmir, City Clerk
City of Lodi
October 7,2020
Certified copy of the full text of this ordinance is available in the office of the Lodi City Clerk.
DEGLARATION OF POSTING
ORDINANGE NO. I979
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LODI AMENDING LODI
MUNICIPAL CODE TITLE 15 - BUILDINGS AND CONSTRUCTION - BY REPEALING
AND REENACTING CHAPTER 15.60 - FLOOD DAMAGE PREVENTION - IN ITS
ENTIRETY; AMENDING LODI MUNICIPAL CODE TITLE 17 - DEVELOPMENT CODE -
BY REPEALING AND REENACTING SECTION 17.14.040, "GENERAL PERFORMANCE
STANDARDS," lN ITS ENTIRETY; AND AMENDING LODI MUNICIPAL CODE
CHAPTER 17.28 - OVERLAYING ZONING DISTRICTS - BY REPEALING AND
REENACTTNG SECTTON 17.28.030, "FLOOD HAZARD (-F) OVERLAY ZONTNG
DtsTRtcTs,' lN ITS ENTTRETY; AND AMENDTNG THE LOD| ZONTNG MAP TO
ESTABLTSH THE FLOOD HAZARD (-F) - 200-YEAR OVERLAY DTSTR|CT TO
IMPLEMENT THE PROVISIONS OF SENATE BILL 5 AND SENATE BILL 1278
RELATED TO 2OO-YEAR FLOOD PROTECTION
On Thursday, Octobef 8,2020, in the City of Lodi, San Joaquin County, California, a
certified copy of Ordinance No. 1979 (attached hereto, marked Exhibit "A") was posted
in the Lodi City Clerk's Office.
I declare under penalty of perjury that the foregoing is true and correct.
Executed on October 8, 2020, at Lodi, California.
ORDERED BY:
JENNIFER CUSMIR
CITY CLERK
Pamela M. Farris
Assistant City Clerk
Kaylee Clayton
Administrative Clerk
ordsummaries\aaDecPost.doc
ORDINANCE NO. 1979
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LODI
AMENDING LODI MUNICIPAL CODE T¡TLE 15 - BUILDINGS AND
CONSTRUCTION - BY REPEAL¡NG AND REENACTING CHAPTER 15.60
- FLOOD DAMAGE PREVENTION - lN ITS ENTIRETY; AMENDING LODI
MUNICIPAL CODE TITLE 17 - DEVELOPMENT CODE - BY REPEALING
AND REENACTING SECTION 17.14.040, 'GENERAL PERFORMANCE
STANDARDS,' lN ITS ENTIRETY; AND AMENDING LODI MUNICIPAL
CODE CHAPTER 17.28 - OVERLAY ZONING DISTRICTS - BY
REPEALING AND REENACTING SECTION 17.28.030, 'FLOOD HAZARD
(-F) OVERLAY ZONING DISTRICTS,' lN ITS ENTIRETY; AND AMENDING
THE LOD| ZONTNG MAP TO ESTABLTSH THE FLOOD HAZARD (-F) -
2OO-YEAR OVERLAY DISTRICT TO IMPLEMENT THE PROVISIONS OF
SENATE BILL 5 AND SENATE BILL 1278 RELATED TO 2OO-YEAR
FLOOD PROTECTION
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LODI AS FOLLOWS
SECTION 1. Lodi Municipal Code Chapter 15.60 - Flood Damage Prevention - is
hereby repealed and reenacted in its entirety and shall read as follows:
CHAPTER 15.60 . FLOOD DAMAGE PREVENTION
Article l. - General Provisions
15.60.10 StatutoryAuthorízation.
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.
15.60.020 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 generalwelfare; 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.
15.60.30 Statement of Purpose
It is the purpose of this chapter 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:
EX'-$lßlT
Protect human life and health;
Minimize expenditure of public money for costly flood control projects;
Minimize the need for rescue and relief efforts associated with flooding
and generally undertaken at the expense of the general public;
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.
15.60.040 Methods of Reducing Flood Losses
ln order to accomplish its purposes, this chapter includes regulations to
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 whích serve
such uses, be protected against flood damage at the time of initial
construction;
Control the alteration of naturalfloodplains, 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.
Restrict or prohibit new development in areas identified as within the 200-
year floodplain.
15.60.50 Definitions.
Unless specifically defined below, words or phrases used in this chapter shall be
interpreted so as to give them the meaning they have in common usage and to give this
chapter its most reasonable application.
"A zorìe" See "Specialflood hazard area."
"Accessory structure" means a structure that is either:
1. Solely for the parking of no more than two cars; or
2. A small, fow-cost shed for limited storage, less than one hundred
twenty square feet.
1
2
3
4
5
6
7
I
1
2.
3.
4.
5.
o
A.
B.
2
c.
D.
"Accessory use" means a use which ís incidental and subordinate to the
principal use of the parcel of land on which it is located.
"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.
"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 alluvialfan flooding can occur.
"Appeal" means a request for a review of the Floodplain Administrator's
interpretation of any provision of this chapter.
"Area of shallow flooding" means a designated AO or AH Zone on the
flood insurance rate map (FIRM). The base flood depths range from one
to three feet; a clearly defined channel does not exist; the path of flooding
is unpredictable and indeterminate; and velocity flow may be evident.
Such flooding is characterized by ponding or sheet flow.
"Area of special flood hazard" See "Special flood hazard area."
"Base flood" means a flood which has a one percent chance of being
equaled or exceeded in any given year (also called the "1O0-year flood").
"Base flood elevation" (BFE) means the elevation shown on the flood
insurance rate map for Zones AE, AH, A1-30, VE and V1-V30 that
indicates the water surface elevation resulting from a flood that has a one
percent or greater chance of being equaled or exceeded in any given
year.
"Basement" means any area of the building having its floor subgrade -
i.e., below ground level - on all sides.
"Building" See "Structure."
"Development" means any manmade 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.
"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.
"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.
"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).
E
F.
G
K.
L.
M
H
J
N
o
P
J
o.
X.
U.
V.
W
R
S.
T
Y
z
"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; and/or mudslides (i.e.,
mudflows); and
2. The condition resulting from flood-related erosion.
3. See definition EEE for additional description of flooding in the
200-year floodplain.
"Flood boundary and floodway map (FBFM)" means the official map on
which the Federal Emergency Management Agency or Federal lnsurance
Administration has delineated both the areas of special flood hazards and
the floodway.
"Flood insurance rate map (FIRM)" means the official map on which the
Federal Emergency Management Agency or Federal lnsurance
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
lnsurance 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.
"Floodplain or floodprone area" means any land area susceptible to being
inundated by water from any source -See "Flooding."
"Floodplain Administrator" is the community official designated by title to
administer and enforce the floodplain management regulations.
"Floodplain management" means the operation of an overall program of
corrective and preventive measures for reducing flood damage and
preserving and enhancing, where possible, natural resources in the
floodplain, including but not limited to emergency preparedness plans,
flood control works, floodplain management regulations, and open space
plans.
"Floodplain management regulations" means this chapter 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 floodprone areas. This term describes federal, state, or local
regulations in any combination thereof which provide standards for
preventing and reducing flood loss and damage.
"Floodproofing" means any combination of structural and nonstructural
additions, changes, or adjustments to structures which reduce or
eliminate flood damage to real estate or improved real property, water
and sanitary facilities, structures, and their contents. For guidelines on
dry and wet floodproofing, see FEMA Technical Bulletins TB 1-93, TB 3-
93, and TB 7-93.
"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."
4
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 chapter, means that the variance granted must not
cause fraud on or victimization of the public. ln 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 fifty 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. ln 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{erm
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 generalwelfare of its citizenry.
EE. "Hardship" as related to Section 15.60.240 of this chapter 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. lnconvenience,
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 lnterior) or preliminarily
determined by the Secretary of the lnterior as meeting the
requirements for individual listing on the National Register;
2. Certified or preliminarily determined by the Secretary of the
lnterior as contributing to the historical significance of a registered
historic district or a district preliminarily determined by the
Secretary to qualify as a registered historic district;
3. lndividually listed on a state inventory of historic places in states
with historic preservation programs which have been approved by
the Secretary of lnterior; or
5
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4. lndividually 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 lnterior or directly by the Secretary of the
lnterior in states without approved programs.
"Levee" means a man-made structure, usually an earthen embankment,
designed and constructed in accordance with sound engineering
practices to contain, control or divert the flow of water so as to provide
protection from temporary flooding.
"Levee system" means a flood protection system which consists of a
levee, or levees, and associated structures, such as closure and drainage
devices, which are constructed and operated in accord with sound
engineering practices.
"Lowest floor" means the lowest floor of the lowest enclosed area,
including basement (see "Basement" definition).
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(CX3);
b. The anchoring standards ín Section 15.60.180(A);
c. The construction materials and methods standards in
Section 15.60.180(B);
d. The standards for utilities in Section 15.60.190.
"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 not include a "recreational
vehicle."
"Manufactured home park or subdivision" means a parcel (or contiguous
parcels) of land divided into two or more manufactured home lots for rent
or sale.
"Market value" is defined in the City of Lodi substantial
damage/improvement procedures. See Section 15.60.130(BX1).
"Mean sea level" means, for purposes of the National Flood lnsurance
Program, the National Geodetic Vertical Datum (NGVD) ol 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.
"New construction," for floodplain management purposes, means
structures for which the 'lstart of construction" commenced on or after
April 16, 2010, and includes any subsequent improvements to such
structures.
"New manufactured home park or subdivision" means a manufactured
home park or subdivision for which the construction of facilities for
servicing the lots on which the manufactured homes are to be affixed
(including at a minimum, the installation of utilities, the construction of
6
streets, and either final site grading or the pouring of concrete pads) is
completed on or after March 1, 1978.
OO. "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 "1OO-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 reg ulations.
TT. "Public safety and nuisance" as related to Section 15.60.240 and Section
15.60.250 of this chapter, 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. Four hundred square feet or less when measured at the largest
horizontal projection;
Designed to be self-propelled or perm
duty truck; and
anently towable by a light-
I
4. Designed primarily not for use as a permanent dwelling but as
temporary living quarters for recreational, camping, travel, or
seasonal use.
"Regulatory floodway" means the channel of a river or other watercourse
and the adjacent land areas that must be reserved in order to discharge
the base flood without cumulatively increasing the water surface elevation
more than one foot.
"Remedy a violation" means to bring the structure or other development
into compliance with state or local floodplain management regulations, or
if this is not possible, to reduce the impacts of its noncompliance. Ways
that impacts may be reduced include protecting the structure or other
affected development from flood 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.
"Riverine" means relating to, formed by, or resembling a river (including
tributaries), stream, brook, etc.
"Sheet flow area." See "Area of shallow flooding."
"special flood hazard area (SFHA)" means an area in the floodplain
subject to a one percent or greater chance of flooding in any given year.
It is shown on an FHBM or FIRM as Zone A, AO, A1-430, AE, 499, or,
AH.
3.
W.
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"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 one
hundred eighty 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 ínclude 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.
"Structure" means a walled and roofed building that is principally above
ground; this includes a gas or liquid storage tank or a manufactured
home.
"Substantial damage" means damage of any origin sustained by a
structure whereby the cost of restoring the structure to its before
damaged condition would equal or exceed fifty percent of the market
value of the structure before the damage occurred.
"Substantial improvement" means any reconstruction, rehabilitation,
addition, or other improvement of a structure, the cost of which equals or
exceeds fifty 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,"
"Two Hundred (200) Year Floodplain" means areas that have a 1-in-200
chance of flooding (water depths of three feet or more) in any given year
using criteria consistent with, or developed by, the California Department
of Water Resources. As used in this chapter, the term shall be ascribed
to all areas labeled as such on Figure 2 of the Safety Element of the
General Plan.
"Urban Level of Flood Protection" means the level of protection that is
necessary to withstand flooding that has a 1-in-200 chance of occurring in
any given year using criteria consistent with, or developed by, the
California Department of Water Resources.
"Variance" means a grant of relief from the requirements of this chapter
which permits construction in a manner that would othenryise be
prohibited by this chapter.
8
HHH.
GGG.
HHH.
"Violation" means the failure of a structure or other development to be
fully compliant with this chapter. A structure or other development without
the elevation certificate, other certifications, or other evidence of
compliance required in this chapter is presumed to be in violation until
such time as that documentation is provided.
"Water surface elevation" means the height, in relation to the National
Geodetic Vertical Datum (NGVD) of 1929, North American Vertical
Datum (NAVD) of 1988, or other datum, of floods of various magnitudes
and frequencies in the floodplains of coastal or riverine areas.
"Watercourse" means a 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.
15.60.60 Lands to Which This Chapter Applies.
This chapter shall apply to alf areas of special flood hazards within the
jurisdiction of City of Lodi.
15.60.70 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 lnsurance Study (FlS) for San Joaquin
County, California, and lncorporated 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 chapter.
This FIS and attendant mapping is the minimum area of applicability of this chapter and
may be supplemented by studies for other areas which allow implementation of this
chapter 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.
Areas designated as within the 200-year floodplain were identified in the
December 19, 2018 study, "Mokelumne River Hydraulic Analyses: Summary of
Methodology and Results," prepared by Kjeldsen Sinnock Nuedeck, lnc. (KSN). The
study and supporting analysis are on file at the City of Lodi Public Works Department,
221 West Pine Street, Lodi, California, 95240.
15.60.80 Compliance.
No structure or land shall hereafter be constructed, located, extended,
converted, or altered without full compliance with the terms of this chapter 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.
15.60.90 AbrogationandGreaterRestrictions.
This chapter is not intended to repeal, abrogate, or impair any existing
easements, covenants, or deed restrictions. However, where this chapter and another
ordinance, easement, covenant, or deed restriction conflict or overlap, whichever
imposes the more stringent restrictions shall prevail.
9
15.60.100 lnterpretation
ln the interpretation and application of this chapter, all provisions shall be:
Considered as minimum requirements;
Liberally construed in a manner most protective of property and human
health and safety; and
Deemed neither to limit nor repeal any other powers granted under state
statutes.
15.60.110 Warning and Disclaimer of Liability
The degree of flood protection required by this chapter 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 chapter 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 chapter 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 chapter or
any administrative decision lawfully made hereunder.
Article ll. - Administration
15.60.120 Designation of the Floodplain Administrator
The Public Works Director is hereby appointed to administer, implement, and
enforce this chapter by granting or denying development permits in accord with its
provisions.
15.60.130 Duties and Responsibilities of the Floodplain Administrator
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 chapter have been satisfied, including
determination of substantial improvement and substantial damage
of existing structures;
All other required state and federal permits have been obtained;
The site is reasonably safe from flooding;
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 desígnated. 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 one foot at any point within the City of Lodi;
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
10
A.
B.
c.
2.
3.
4.
5
proposed flood control project and land preparation as specified in
the "start of construction" definition.
Development of Substantial lmprovement and Substantial Damage
Procedures.
B.
c.
D.
1
2
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."
Assure procedures are coordinated with other
departments/divisions and implemented by City staff.
1
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 lll, 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 (1O0-year) Flood Elevations," dated July 1995.
200-year Flood Zone Determination. Review development applications to
determine whether a proposed project is within the 200-year floodplain.
No development or physical changes requiring a development permit
required by this Title shall be allowed within the 200-year floodplain
unless it has first met one or more of the following findings; these findings
shall be made by the Floodplain Administrator.
The project has an Urban Level of Flood Protection from flood
management facilities that is not reflected in the most recent map
of the 200-year floodplain;
Conditions imposed on the project will provide for an Urban Level
of Flood Protection;
Adequate progress has been made toward construction of a flood
protection system to provide an Urban Level of Flood Protection
for the project, as indicated by the Central Valley Flood Protection
Board for State projects, or by the Floodplain Administrator for
local projects; or
The project is a site improvement that would not result in the
development of a new habitable structure and would not increase
risk of damage to neighboring development or alter the
conveyance area of a watercourse in the case of a flood.
Allowable Land Uses, -F200 Overlay District. Nothing in this subsection
is intended to authorize a use not otheruvise allowed in the primary
zoning district with which the -F200 overlay district is combined.
2.
3.
4.
E
11
F Exempt Projects, -F200 Overlay District. Site improvements that would
not result in the development of a new habitable structure and would not
increase risk of damage to neighboring development or alter the
conveyance area of a watercourse in the case of a flood are exempt from
the restrictions of the -F200 overlay district. lmprovements that qualify for
this exemption include, but are not limited to, the replacement or repair of
a damaged or destroyed habitable structure with substantially the same
building footprint area; interior repairs or remodels to existing structures;
additions to existing residential dwellings; new non-habitable structures or
repairs or remodels to non-habitable structures including but not limited to
landscape features, detached garages, and pools and spas.
G. Notification of Other Agencies
1. 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.
Base flood elevation changes due to physical alterations:
Within six 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).
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 CLOMR's allow construction of the
proposed flood control project and land preparation as
specified in the "start of construction" definition.
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.
Documentation of Floodplain Development. Obtain and maintain for
public inspection and make available, as needed the following:
2.
a
b
c
H
t2
Certification required by Section 15.60.180(CX1) and Section
1 5.60.21 0 (lowest floor elevations);
Certification required by Section 15.60.180(CX2) (elevation or
floodproofing of nonresidential structures);
Certification required by Section 15.60.180(CX3) (wet
floodproofing standard) ;
Certification of elevation required by Section 15.60.200(AX3)
(subdivisions and other proposed development standards);
Certification required by Section 15.60.230(8) (floodway
encroachments); and
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.
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.
Remedial Action. Take action to remedy violations of this chapter as
specified in Section 15.60.080.
Biennial Report. Complete and submit biennial report to FEMA.
Planning. Assure community's general plan is consistent with floodplain
management objectives herein.
15.60.140 Development Permit -F100 Overlay District.
No structure or land shall, after the effective date of the ordinance codified in this
chapter, be located, extended, converted or altered within the -F100 overlay district
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 this code Sections 17.72.040
through 17.72.110. Development permit applications shall be reviewed by the
Community Development Director and the requirements of this chapter enforced in
accordance with this 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:
Location, dimensions, and elevation of the area in question,
existing or proposed structures, storage of materials and
equipment and their location;
1
2
3
4
5
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J.
K.
L.
1
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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. Location of the regulatory floodway when applicable;
5. Base flood elevation information as specified in Section 15.60.070
or Section 1 5.60. 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(CX2) of this chapter and detailed in FEMA
Technical Bulletin TB 3-93.
Certification from a registered civil engineer or architect that the
nonresidential floodproofed building meets the floodproofing criteria in
Section 1 5.60. 1 80(CX2).
For a crawl-space foundation, location and total net area of foundation
openings as required in Section 15.60.180(CX3) of this chapter and
detailed in FEMA Technical Bulletins 1-93 and 7-93.
Description of the extent to which any watercourse will be altered or
relocated as a result of proposed development.
All appropriate certifications listed in Section 15.60.130(E) of this chapter.
15.60.150 PermittedUses-Generally.
The following uses are permitted in the -F100 overlay district without a use
permit where modification or removal of native vegetation, including trees, is not
required:
Agriculture;
Open space agricultural uses not requiring a closed building such as
cropland, orchards, and livestock feeding and grazing;
The storage of farm machinery which is readily removable from the area
within the time available after a flood warning;
Recreational; firmly anchored recreational floating docks;
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.
15.60.160 Permitted Uses, -F100 Overlay District-Use permit and State Approvals.
The following uses may be permitted in the -F100 overlay district 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,
t4
B
c
D
E
A.
B.
c.
D.
E.
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 lll, "Provisions for Flood Hazard Reduction," of
this chapter:
A.
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;
Private drives, bridges, and public utility wires and pipelines for
transmission and distribution;
lmprovements in stream channel alignment, cross-section and capacity,
including modification of riverbank and flood protection levees;
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;
Other similar uses of a type not appreciably damaged by floodwaters.
15.60.170 Prohibited Uses, -F100 Overlay District.
ln 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 lll. - Provisions for Flood Hazard Reduction
15.60.180 StandardsofConstruction.
ln all areas of special flood hazards the following standards are required
Residential dwellings on existing undeveloped lots
approved before January 1,1977;
Outdoor recreational facilities:
Campgrounds
Boating facilities
Parks
Golf courses or driving ranges
Athletic fields
Shooting ranges
in subdivisions
B
c.
D
E
F.
G
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.
Construction Materíals and Methods. All new construction and substantial
improvements of structures, including manufactured homes, shall be
constructed:
B.
l5
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.
C. Elevation and Floodproofing.
1
2.
3.
4.
1 Residential Construction. All new construction or substantial
improvements of residential structures shall have the lowest floor,
including basement:
a. ln AE, AH, A1-30 Zones, elevated to eighteen inches or
more above the base flood elevation.
b. ln an AO 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 two feet
above the highest adjacent grade if no depth number is
specified.
c. ln 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 15.60.130(C).
d. ln the -F200 overlay zone, finished floor shall be at or
above the elevation of the 200-year flood.
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 shalf be provided to the Floodplain Administrator.
Nonresidential Construction. All new construction or substantial
improvements of nonresidentíal structures shall either be elevated
to conform with Subsection (C)(1) of this section or:
a Be floodproofed, together with attendant utility and sanitary
facilities, below the elevation recommended under
Subsection (CX1) of this section, so that the structure is
watertight with walls substantially impermeable to the
passage of water;
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 Subsection (CX2Xa) and (b) of this
2.
b.
c.
I6
3.
section are satisfied. Such certification shall be provided to
the Floodplain Administrator.
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:
IV
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;
The bottom of all openings shall be no higher than
one foot above grade;
Openings may be equipped with screens, louvers,
valves or other coverings or devices provided that
they permit the automatic entry and exit of
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
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 Subsection (CX3) of this
section. Areas of the garage below the BFE must
be constructed with flood resistant materials. See
Subsection (B) of this section.
A garage attached to a nonresiciential structure
must meet the above requirements or be dry
floodproofed. For guidance on below grade parking
areas, see FEMA Technical Bulletin T8-6.
b. Be certified by a registered civil engineer or architect.
4. Manufactured Homes. See Section 15.60.210.
5. Garages and Low Cost Accessory Structures.
a. Attached Garages.
b. Detached garages and accessory structures
'Accessory structures" used solely for parking (2
car detached garages or smaller) or limited storage
(small, low-bost sheds), as defined in Section
l7
1
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:
1il.
Use of the accessory structure must be
limited to parking or limited storage;
The portions of the accessory structure
located below the BFE must be built using
flood-resistant materials ;
The accessory structure must be
adequately anchored to prevent flotation,
collapse and lateral movement;
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
The accessory structure must be designed
to allow for the automatic entry of flood
waters in accordance with Subsection
(CX3) of this section.
2.Detached garages and accessory structures not
meeting the above standards must be constructed
in accordance with all applicable standards in this
section.
15.60.190 Standards for Utilities.
All new and replacement water supply and sanitary sewage systems shall
be designed to minimize or eliminate:
1. lnfiltration of flood waters into the systems;
2. Discharge from the systems into flood waters.
B.On-site waste disposal systems shall be located to avoid impairment to
them, or contamination from them during flooding.
All new subdivisions proposals and other proposed development,
including proposals for manufactured home parks and subdivisions,
greater than fifty lots or five acres, whichever is the lesser, shall:
1 ldentify the special flood hazard areas (SFHA) and base flood
elevations (BFE).
ldentify the elevations of lowest floors of all proposed structures
and pads on the final plans.
IV
V
VI
A.
15.60.200 Standards for Subdivisions and Other Proposed Development.
A.
2
18
3. lf 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:
a. Lowest floor elevation.
b. Pad elevation.
c. Lowest adjacent grade.
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, efectrical 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.
15.60.210 Standards for Manufactured Homes
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:
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.
All manufactured homes to be placed or substantially improved on sites
in an existing manufactured home park or subdivision within Zones A1-
30, AH, and AE on the community's flood insurance rate map that are not
subject to the provisions of Subsection (A) of this section will be securely
fastened to an adequately anchored foundation system to resist flotation,
collapse, and lateral movement, and be elevated so that either the:
Lowest floor of the manufactured home is at eighteen inches or
more above the base flood elevation; or
Manufactured home chassis is supported by reinforced piers or
other foundation elements of at least equivalent strength that are
no less than thirty-six 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.
B.
c.
D
A.
1
B.
1
2
l9
15.60.220 StandardsforRecreationalVehicles.
A. All recreationalvehicles placed in Zones A1-30, AH, and AE will either:
Be on the síte for fewer than one hundred eighty consecutive
days; or
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
Meet the permit requirements of Section 15.60.140 ol this chapter
and the elevation and anchoring requirements for manufactured
homes in Section 15.60.210 (A).
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
provisíons apply:
A. Until a regulatory floodway is adopted, no new construction, substantial
development, or ôther 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 one 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
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. lf Subsections (A) and (B) of thís section are satisfied, all new
construction, substantial improvement, and other proposed new
development shall comply with all other applicable flood hazard reduction
provisions of Article lll of this chapter.
Article lV. - Variance Procedure
15.60.240 Nature of Variances.
The issuance of a variance is for floodplain management purposes only.
lnsurance 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 are based on the general principle of
zoning law that variances pertain to a piece of property and are not personal in nature. A
varíance may be granted for a parcel of property with physical characteristics so unusual
that complying with the requirements of this chapter would create an exceptional
hardship to the applicant or the surrounding property owners. The characteristics must
be unique to the property and not be shared by adjacent parcels. The unique
characteristic must pertain to the land itself, not to the structure, its inhabitants, or the
property owners.
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1
2.
3
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{erm 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 chapter
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.
15.60.250 ConditionsforVariances.
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
15.60.180-15.60.230 of this chapter have been fully considered. As the
lot size increases beyond one-half acre, the technical justification
required for issuing the variance increases.
Variances may be issued for the repair or rehabilitation of "historic
structures" (as defined in Section 15.60.050 of this chapter) 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.
Variances shall not be issued within any mapped regulatory floodway if
any increase in flood levels during the base flood discharge would result.
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 chapter. 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.
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 twenty-five dollars for one
hundred dollars of insurance coverage, and
Such construction below the base flood level increases risks to life
and property. lt 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.
B
c
D
E.
2
2t
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.
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 by the Floodplain
Administrator in the enforcement or administration of this chapter.
SECTION 2. Lodi Municipal Code Section 17.14.040 General Performance
Standards is hereby repealed and reenacted in its entirety and shall read as follows:
17.14.040 GeneralPerformanceStandards.
All land uses activities, and processes shall be operated and maintained so as to
not be injurious to public health, safety or welfare, and to comply with the following
standards:
Air Emissions. No visible dust, gasses, or smoke shall be emitted, except
as necessary for the heating or cooling of structures, and the operation of
motor vehicles on the site.
Combustibles and Explosives. The use, handling, storage, and
transportation of combustibles and explosives shall comply with the
Uniform Fire Code.
Ground Vibration. No ground vibration shall be generated that is
perceptÍble without instruments by a reasonable person at the property
lines of the site, except for motor vehicle operations.
Light and Glare. See Section 17.14.070 (Lighting).
Liquid Waste. No liquid shall be discharged ínto a public or private body
of water, sewage system, watercourse, or into the ground, except in
compliance with applicable regulations of the California Regional Water
Quality Control Board.
Noise. No use, activity, or process shall exceed the maximum allowable
noise standards identified by the general plan.
Odor. No obnoxious odor or fumes shall be emitted that are perceptible
without instruments by a reasonable person at the property line of the
site.
Radioactivity, Electrical Disturbance or Electromagnetic lnterference.
None of the following shall be emitted:
1. Radioactivity, in a manner that does not comply with all applicable
state and federal regulations; or
2. Electrical disturbance or electromagnetic interference that
interferes with normal radio or television reception, or with the
function of other electronic equipment beyond the property line of
the site; or that does not comply with all applicable Federal
Communications Commission (FCC) and other applicable state
and federal regulations.
F
A
B
c.
D.
E.
F
G.
H.
22
A
Flooding. All development shall be in compliance with the provisions of
Chapter 15.60 (Flood Damage Prevention).
SECTION 3. Lodi Municipal Code Section 17.28.030 Flood Hazard (-F) Overlay Zoning
Districts is hereby repealed and reenacted in its entirety and shall read as follows:
17 .28.030 - Flood hazard (-F100 and -F200) Overlay Zoning Districts.
Purpose. The -F100 and -F200 overlay districts are intended to protect people
and property from flood hazard risks by appropriately regulating development
and land uses within areas subject to flooding. Special regulation is necessary
for the protection of the public health, safety and general welfare, and of
property and improvements from hazards and damage resulting from
floodwaters and to promote the open space conservatíon element policies of
the general plan.
B. Applicability, -F100 Overlay District.
1 Application to Property. The -F100 overlay district is applied to areas
within the city prone to flood hazard risks from the 100-year storm
event, combined with any primary zoning district as shown on the
zoning map and by Section 17.10.020 (Zoning Districts Established).
2.Floodplain Boundaries. The Mokelumne River floodplain is defined as
those areas of special flood hazard identified by the Federal lnsurance
Administration through a scientific and engineering report entitled, "The
Flood lnsurance Study for the City of Lodi," dated October 2009, with
accompanying flood insurance rate maps and any revision thereto,
which are adopted by reference and declared to be a part of this
section. Maps and data which reflect this delineation are on file at
City Hall.
C. Applicability, -F200 Overlay District.
1 Application to Property. The -F200 overlay district is applied to areas
within the city prone to flood hazard risks from the 200-year storm
event, combined with any primary zoning district as shown on the
zoning map and as established by Section 17.10.020 (Zoning Districts
Established).
2.Floodplain Boundaries. The 200-year floodplain is identified on
Figure 8.2, 200-Year Flood Zones, of the City of Lodi General Plan
Safety Element.
Permit Requirements, -F100 Overlay District. No structure or land shall, after
the effective date of the ordinance codified in this chapter, be located,
extended, converted or altered within the -F100 overlay zoning district 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
Section 17.12.030.
Allowable Land Uses, -F100 Overlay District. Nothing in this subsection is
intended to authorize a use not otherwise allowed in the primary zoning district
with which the -F overlay district is combined.
23
D
E.
1 Permitted Uses Generally, -F100 Overlay District. Unless otheruvise
prohibited or subject to a use permit in the prímary zoning district, the
following uses are permitted without a use permit where modification or
removal of native vegetation, including trees, is not required:
Agriculture;
Open space agricultural uses not requiring a closed building
such as, orchards, and livestock feeding and grazing;
The storage of farm machinery which is readily removable from
the area within the time available after flood warning;
Recreational: Firmly anchored recreational floating docks; and
Modification of Native Vegetation: Where modification or
removal of native vegetation ís required, such modification or
removal may be after obtaining a development permit consísting
of written approval from the Community Development Director;
provided, that such modifications in the floodplain have been
found to be consistent with the general plan.
Permitted Uses, -F100 Overlay District-Use Permit and State
Approval. Unless otherwise prohibited in the primary zoning district, 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 regíonal 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 following:
Residential dwellings on existing undeveloped lots in
subdivisions approved before January 1, 1977;
b. Outdoor recreationalfacilities
Campgrounds;
Boating facilities;
Parks;
Golf courses or driving ranges;
Athletic fields; and
Shooting ranges;
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;
Prívate drives, bridges, and public utility wires and pipelines for
transmission and distribution;
a.
b.
c.
d.
ô
2.
a
i.
ii.
iii
iv
V.
vi
c.
d
24
e. lmprovements in stream channel alignment, cross-sectlon 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.
Prohibited Uses-Storage or Processing. The storage or processing of
materials that are in time of flooding buoyant, flammable or explosive,
or could be injurious to human, animal or plant life, is prohibited.
Elevation of Lowest Floor. The lowest floor of any residential structure,
including garages and accessory buildings, shall be elevated eighteen
inches or more above the level of the base flood elevation.
Anchorage. All new construction and substantial improvements shall be
anchored to prevent flotation, collapse or lateral movement of the
structure.
Construction Practices and Materials. All new construction or
substantial improvements shall be constructed with materials and utility
equipment resistant to flood damage using methods and practices that
minimize flood damage.
Water and Sewer Systems. New and replacement water and sanitary
sewage systems shall be designed to minimize or eliminate infiltration
of floodwaters into the systems and discharges from the systems into
floodwaters.
Nonresidential Structures. New nonresidential structures shall be
floodproofed or elevated eighteen inches or more above the level of the
base flood.
Ftoodproofing. All structures requiring floodproofing shall be so
designed so that below the base flood level the structure is watertight
with walls substantially impermeable to the passage of water and with
structural components having the capabilíty of resisting hydrostatic and
hydrodynamic loads with effects of buoyancy. A registered professional
engineer or architect shall certify that the standards of this section are
satisfied and a copy of such certification shall be provided to the
Director of Public Works and the Chief Building lnspector.
G. Flood Zone Determination - 200-Year Floodplain.
No development or physical changes requiring a development permit
required by this Title shall be allowed within the 200-year floodplain
unless ít has first met one or more of the findings established under
Section 1 5.60.1 30. D of this code.
3
F Development Standards, -F100 Overlay District. ln all areas zoned in the -F100
overlay district, the provisions set out ín subsections 1 through 6 are required.
1
2
3
4
5
o
1
25
Allowable Land Uses, -F200 Overlay District. Nothing in this subsection
is intended to authorize a use not othenruise allowed in the primary
zoning district with which the -F200 overlay district is combined.
Exempt Projects, -F200 Overlay District. Site improvements that would
not result in the development of a new habitable structure and would not
increase risk of damage to neighboring development or alter the
conveyance area of a watercourse in the case of a flood are exempt from
the restrictions of the -F200 overlay district. lmprovements that qualify for
this exemption include, but are not limited to, the replacement or repair of
a damaged or destroyed habitable structure with substantially the same
building footprint area; interior repairs or remodels to existing structures;
additions to existing residential dwellings; new non-habitable structures or
repairs or remodels to non-habitable structures including but not fimited to
landscape features, detached garages, and pools and spas.
H. Warning-Liability Denied. The degree of flood protection required by this
chapter is considered reasonable for regulatory purposes and ís based on
scientific and engineering consideraiions. Larger floods can and wíll occur on
rare occasions. Flood heights may be increased by manmade or natural
causes. This chapter does not imply that land outside the areas of special flood
hazards or uses perrnitted within such areas will be free from flooding or flood
damages. This chapter shall not create liability on the part of the City or by any
officer or employee thereof for any flood damages that result from reliance on
this chapter or any administrative decision lawfully made under this chapter.
SECTION 4. The Lodi Zoning Map is hereby amended to include the -F-200 Overlay
District which includes lands subject to flooding during the 200-year storm as identified
in the Kjeldsen, Sinnock and Neudeck, lnc., study, "Mokelumne River Hydraulic
Analyses: Summary of Methodology & Results," dated December 19, 2018.
SECTION þ. All ordinances and parts of ordinances in conflict herewith are repealed
insofar as such conflict may exist.
SECTION 6. No Mandatory Duty of Care. This ordinance ís 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 toward persons or property within the
City or outside of the City so as to provide a basis of civil liability for damages, except as
othenruise imposed by law.
SEPTION 7. Severability. lf any provision of this ordinance or the application thereof
to any person or circumstances is held invalid, such invalidity shall not affect other
provisions or applications of the ordinance which can be given effect without the invalid
provision or application. To this end, the provisions of this ordinance are severable.
The City Council hereby declares that it would have adopted this ordinance irrespective
of the invalidity of any particular portion thereof.
SECTION L Effective Date and Publication. Thís Ordinance shall take effect thirty
(30) days after its adoption. ln lieu of publication of the full text of the Ordinance within
fifteen (15) days after its passage, a summary of the Ordinance may be published at
least five (5) days prior to and fifteen (15) days after adoption by the City Council, and a
certified copy shall be posted in the office of the City Clerk pursuant to Government
Code section 36933(cX1 ).
2
3
26
Attest:
Approved this_ day of ,2020
DOUG KUEHNE
Mayor
JENNIFER CUSMIR
City Clerk
State of California
County of San Joaquin, ss.
l, Jennifer Cusmir, City Clerk of the City of Lodi, do hereby certify that Ordinance
No. 1979 was introduced at a regular meeting of the City Council of the City of Lodi held
October 7,2020, and was thereafter passed, adopted, and ordered to print at a regularmeetingofsaidCouncilheld-,2020,bythefollowingvote:
AYES: COUNCIL MEMBERS -
NOES; COUNCIL MEMBERS -
ABSENT: COUNCIL MEMBERS -
ABSTAIN: COUNCIL MEMBERS -
I further certify that Ordinance No. 1979 was approved and signed by the Mayor
on the date of its passage and the same has been published pursuant to law.
JENNIFER CUSMIR
City Clerk
Approved as to Form
JANICE D. MAGDICH
City Attorney
27