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HomeMy WebLinkAboutAgenda Report - October 21, 2020 I-01AGENDA ITEM I.OI Crrv on Lonr Couxcrr-, CovrMUNrcATroN TM AGENDA TITLE: MEETING DATE: PREPARED BY: Adopt Ordinance No. 1979 Entitled, "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 lts Entirety; Amending Lodi Municipal Code Title 17 - Development Code - by Repealing and Reenacting Section 17.14.040, "General Performance Standards," in lts Entirety; and Amending Lodi Municipal Code Chapter 17.28 - Overlaying Zoning Districts - by Repealing and Reenacting Section 17.28.030, "Flood Hazard (-F) Overlay Zoning Districts," in lts Entirety; and Amending the LodiZoning Map to Establish the Flood Hazard (-F) - 200-Year Overlay District to lmplement the Provisions of Senate Bill 5 and Senate Bill 1278 Related to 200-Year Flood Protection" October 21,2020 City Clerk RECOMMENDED ACTION: Motion waiving reading in full and (following reading by title) adopting the attached Ordinance No. 1979. BACKGROUND ¡NFORMATION: Ordinance No. 1979 entitled, "An Ordinance of the City Council of the City of LodiAmending Lodi Municipal Code Title 15 - Buildings and Construction - by Repealing and Reenacting Chapter 15.60 - Flood Damage Prevention - in lts Entirety; Amending Lodi Municipal Code Title 17 - Development Code - by Repealing and Reenacting Section 17.14.040, "General Performance Standards," in lts Entirety; and Amending Lodi Municipal Code Chapter 17.28 - Overlaying Zoning Districts - by Repealing and Reenacting Section 17 .28.030, "F|ood Hazard (-F) Overlay Zoning Districts," in lts Entirety; and Amending the Lodi Zoning Map to Establish the Flood Hazard CF) - 200-Year Overlay District to lmplement the Provisions of Senate Bill 5 and Senate Bil|1278 Related to 200-Year Flood Protection," was introduced at the regular City Council meeting of October 7,2020. ADOPTION:With the exception of urgency ordinances, no ordinance may be passed within five days of its introduction. Two readings are therefore required - one to introduce and a second to adopt the ordinance. Ordinances may only be passed at a regular meeting or at an adjourned regular meeting; except for urgency ordinances, ordinances may not be passed at a special meeting. ld. All ordinances must be read in full either at the time of introduction or at the time of passage, unless a regular motion waiving further reading is adopted by a majority of all council persons present. Cal. Gov't Code S 36934. Ordinances take effect 30 days after their final passage. Cal. Gov't Code S 36937. This ordinance has been approved as to form by the City Attorney. FISCAL IMPAGT: Not applicable. FUNDING AVAILABLE: Not applicable nn smrr JC/PMF Attachment APPROVED City uer, City Manager J( \\cvcfilvOl \administration$\Administration\CLERK\Council\COUNCOM\Ordinancel.DOC @ Pleuse ímmedíøtely confirm receipt o this cøllin 3 3 3-6702 CITY OF LODI P. O. BOX 3006 LODI, CALIFORNIA 95241-T9IO ADVBRTISING INS TRUCTIONS SUBJECT: PUBLISH DATE: SUMMARY OF ORDINANCE NO. I979 SATURDAY, OCTOBER 24, 2020 LEGAL AD TEAR SHEETS WANTED: One í) ptease SEND AFFIDAVIT AND BILL TO: LNS ACCT. #5{OOls2 JENNIFER CUSMIR, CITY CLERK City of Lodi P.O. Box 3006 Lodi, CA 95241-1910 DATED: ORDERED BY: PAMELA M. FARRIS ASSISTANT CITY CLERK THURSDAY, OCTOBER 22, 2O2O JENNIFER CUSMIR CITY CLERK KAYLEE CLAYTON ADMINISTRATIVE CLERK Veri pearance of this Legal in the News paper -to File 'sntvn pnoop or,eovønasnugNT. Tu,ANX VOatt þqq* led to the Sentinel at legels@ledinew$€em at OR \\cvcfÌlv0l\administration$\Administration\CLERK\OrdSummaries\Advins.doc to(¡> CITY OF LODI ORDINANCE NO. I979 AN ORDINANGE OF THE CITY COUNCIL OF THE CITY OF LODI AMENDING LODI MUNICIPAL GODE TITLE 15 - BUILDINGS AND CONSTRUCT¡ON - BY REPEALING AND REENACTING CHAPTER 15.60 - FLOOD DAMAGE PREVENTION - IN ITS ENTIRETY; AMENDING LODI MUNICIPAL CODE TITLE I7 - DEVELOPMENT CODE - BY REPEALING AND REENACTING SECTION 17.14.040, "GENERAL PERFORMANCE STANDARDS," tN ITS ENTIRETY; AND AMENDING LODI MUNICIPAL CODE CHAPTER 17.28 OVERLAYING ZONING DISTRICTS - BY REPEALING AND REENACTING SECTION 17.28.030, "FLOOD HAZARD (-F) OVERLAY ZONTNG DISTRICTS," ¡N tTS ENT|RETy; AND AMENDING THE LODI ZONING 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 PROTECTTON. 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 7,202Q. Adopted October 21, 202Q and effective November 20, 2020. AYES: Chandler, Mounce, Nakanishi, and Mayor Kuehne; NOES: None;ABSENT: None. Jennifer Cusmir, City Clerk City of Lodi October 21,2020 Certified copy of the full text of this ordinance is available in the office of the Lodi City Clerk. DECLARATION OF POSTING 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 15.60 - FLOOD DAMAGE PREVENTION - IN ITS ENÏIRETY;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 REENACTTNc SECTION 17.28.030, "FLOOD HAZARD (-F) OVERLAY ZONtNc DISTRICTS,' lN ITS ENTIRETY; AND AMENDING THE LODI ZONING MAp TO ESTABLISH 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 On Monday, October 26, 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 26,202Q, at Lodi, California ORDERED BY JENNIFER CUSMIR CITY CLERK Pamela M. Farris Assistant City Clerk Kaylee Clayton Administrative Clerk ordsummaries\aaDecPost.doc EXF"! üffiIT A ORDINANCE NO. 1979 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 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 Afiicle l. - General Provisions 15.60.10 StatutoryAuthorization 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: 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 undeñaken at the expense of the general public; 4. Minimizeprolongedbusinessinterruptions; 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. 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 which serve such uses, be protected against flood damage at the time of initial construction; Control the alteration of natural floodplains, strearn 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."A zorìe" See "Special flood hazard area." "Accessory structure" means a structure that is either: 1. Solely for the parking of no more than two cars; or I 2, 3. 4. 5. b. 2 B C D 2. A small, low-cost shed for limited storage, less than one hundred twenty square feet. "Accessory use" means a use which is 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 velocíty 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 alluvial fan 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 construciion 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 H J K L. M N o P aJ U. V. W o X. R S T Y z "Flood, flooding, or flood water" means: 1. A general and temporary condition of parlial 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, subdívision 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 elíminate 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. " "Floodway fringe" is that area of the floodplain on either side of the "regulatory floodway" where encroachment may be permitted. 4 AA. BB cc EE FF DD "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 þe insured only at very high flood insurance rates. "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. "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. "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. "Highest adjacent grade" means the highest natural elevation of the ground surface prior to construction next to the proposed walls of a structure. "Historic structure" means any structure that is: 1. Listed individually in the National Register of Historic Places (a listing maintained by the Department of 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 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. GG 5 JJ HH il oo "Levee" means a man-made structure, usually an earthen embankment, designed and constructed in accordance with sound engineering practices to contain, controior 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 15.60.1g0(CX3); b. The anchoring standards in Section 15.60.1g0(A); c. Ïhe construction materials and methods standards in Section 15.60.180(B); d. The standards for utilities in Section 1S.60.190. "Manufactured home" means a structure, transportable in one or more sections, which is built on a permanent chassis and ís 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 procedures. See Section 15.60.130(BX1). damage/improvement "Mean sea level" means, for purposes of the National Flood lnsurance 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. "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. "New manufactured home park or subdivision" means a manufactured home park or subdivision for which the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including at a minimum, the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads) is completed on or after March 1, 1978. "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. KK. LL. MM NN. OO PP. 6 RR SS. TT UU WW W "One-hundred-year flood" or "1OO-year flood." See "Base flood." "Program deficiency" means a defect in a community's floodplain management regulations or administrative procedures that impairs effective implementation of those floodplain management regulations. "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. "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. "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. lt is shown on an FHBM or FIRM as Zone A, AO, A1-430, AE, 499, or, AH. "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 propefiy of accessory buildings, such as garages or sheds not occupied as dwelling XX. YY. zz. AAA l BBB. ccc. DDD. EEE. FFF. GGG. HHH. GGG. HHH. 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 otherwise be prohibited by this chapter. "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 all areas of special flood hazards within the jurisdiction of City of 8 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 Puþlic works Department,22l west Pine street, Lodi, california, gS24o. Areas designated as within the 200-year floodplain were identified in the Decemþer 19,2O1B 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,22l 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 chapier is not intended to repeal, abrogate, or impair any existing easements, covenants, or deed restrictions. However, where this chapter and another ordinance, easòment, covenant, or deed restriction conflict or overlap, whichever imposes the more stringent restrictions shall prevail. 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. 15.60.1 10 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 A. B. C. 9 Agency, for any flood damages that result from reliance on this chapter or any administrative decision lawfully made hereunder. Article ll. - Administration 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. Ïhe 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: 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 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; All letters of map revision (LOMR's) for flood control projects are approved prior to the issuance of building permits. Building permits must not be issued based on conditional letters of map revision (cLoMR's). Approved CLoMR's allow construction of the proposed flood control project and land preparation as specified in the "start of construction" definition. B. Development of Substantial lmprovement and Substantial Damage Procedures 15.60.120 1 2 3 4 5 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." Assure procedures are coordinated with other departments/divisions and implemented by City staff. 2 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. C 10 D 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 (1OO-year) Flood Elevations," dated July 1995. 29}-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 ïitle 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 otherwise 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 limited to landscape features, detached garages, and pools and spas. G. Notification of Other Agencies. L Alteration or relocation of a watercourse: Notify adjacent communities and the California Department of Water Resources prior to alteration or relocation; Submit evidence of such notification to the Federal Emergency Management Agency; 1 2 3 4 E F a b 11 2 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: b. a Within six months of information becoming available or project completion, whichever comes first, the Floodplain Adminisirator 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. H 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: Ceftification required by Section 15.60.180(CX1) and Section 15.60.210 (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. J Remedial Action. Take action to remedy violations of this chapter as specified in Section 15.60.080 1 2 3 4 5 6 t2 Biennial Report. Complete and suþmit 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.A40 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 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(CX2) of this chapter and detailed in FEMA Technical Bulletin TB 3-93. Cedification from a registered civil engineer or architect that the nonresidential floodproofed building meets the floodproofing criteria in Section 15.60.180(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. K L B c D E 15.60.150 PermittedUses-Generally 13 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 consístent 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, 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: Residential dwellings on existing undeveloped lots January 1, 1977', Outdoor recreational facilities: Campgrounds Boating facilities Parks Golf courses or driving ranges Athletic fields Shooting ranges in subdivisions approved before 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 flotaiion (excepting floating docks); provided, that no structures for human habitation is permitted; A. B. C. D. E. A. B. c D E. F. T4 G. 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 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 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 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 1 5.60. 1 30(C). d. ln the -F200 overlay zone, finished floor shall be at or above the elevation of the 200-year flood. A B. 15 2 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. Nonresidential Construction. All new construction or substantial improvements of nonresidential structures shall either be elevated to conform with Subsection (CX1) 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 wateúight 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 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: b. c. 3 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 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 IV t6 a. Attached Garages. 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 þe constructed with flood resistant materials. See Subsection (B) of this section. 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 T8-6. b. Detached garages and accessory structures "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: 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. 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 þe designed to minimize or eliminate: 1. lnfiltration of flood waters into the systems, 2. Discharge from the systems into flood waters. i¡ V, vi 2 A 17 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. 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). 2. ldentify the elevations of lowest floors of all proposed structures and pads on the final plans. 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 fíll (LOMR-F) to the Floodplain Administrator: a. Lowest floor elevation. b. Paà 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, electrical and water systems located and constructed to minimize flood damage. All subdivisions and other proposed development shall provide adequate drainage to reduce exposure to flood hazards. 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 B A. D A. B c 1 B 18 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. 15.60.220 Standards for Recreational Vehicles A. All recreaiional vehicles placed in Zones A1-30, AH, and AE will either: Be on the site 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 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. 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. lf 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 lll of this chapter. Article lV. - Variance Procedure 1 2. 1 2 3. B c I9 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 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. ïhe 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{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 nót 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 B. 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: A c D E 20 F 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 ínsurance coverage, and 2. Such construction below the base flood level increases risks to life and property. It is recommended that a copy of the notice shall be recorded by the Floodplain Administrator in the Office of the San Joaquin County Recorder and shall be recorded in a manner so that it appears in the chain of title of the affected parcel of land. 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 perceptible 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.Q70 (Lighting). 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. 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 A B c D E. F. G H 2l 2. Electrical disturbance or electromagnetic inierference 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. 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 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 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 1O0-year storm event, combined with any primary zoning district as shown on the zoning map and by Section 17.10.020 (Zoning Districts Established). c 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. Applicability, -F200 Overlay District. 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 2}}-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. 1 D 22 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: Agriculture; Open space agricultural uses not requiring a closed building such as, orchards, and livestock feeding and grazing; Ïhe 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 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. 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 comþination 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 a b c d e 2 I, ¡i. iii iv vi Campgrounds; Boating facilities; Parks; Golf courses or driving ranges; Athletic fields; and 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; 23 3 d. Private drives, bridges, and public utility wires and pipelines for transmission and distribution; e. lmprovements 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. 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. ln 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 lnspector. G. Flood Zone Ðetermination - 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 findings established under Section 15.60.1 30. D of this code. 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. 1 2 24 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 exisiing 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. 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, lnc., 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. Severabil ity. 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 8. Effective Date and Publication. This Ordinance shall take effect thi rty (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). 3 H 25 Approved this 21't day of October, 2020 DOUG KUEHNE MayorAttest JENNIFER CUSMIR Cíty 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 regular meeting of said Council held October 21, 2020, by the following vote: AYES: trloES; ABSENT: ABSTAIN COUNCIL MEMBERS - Chandler, Mounce, Nakanishi, and Mayor Kuehne COUNCIL MEMBERS - None COUNCIL MEMBERS * None COUNCIL MEMBERS - None lfurthercedifythat Ordinance No. 1979 was approved and signed bythe Mayoron 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 26 Please ímmedìøtely conJirm receípt of thís fax by cøllìng 333-6702 CITY OF LODI P. O. BOX 3006 LODI, CALIFORNTA 95241.1910 ADVERTISING INSTRUCTIONS SUBJECT: PUBLISH DATE: SUMMARY OF ORDINANCE NO. 1979 SATURDAY, OCTOBER IO, 2O2O T GAL AD TEAR SHEETS WANTED: One (II please SEND AFFIDAVIT AND BILL TO: LNS ACCT. #5tOO{52 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 8, 2O2O JENNIFER CUSMIR CITY CLERK KAYLEE CLAYTON ADMINISTRATIVE CLERK Verify Appearance of this Legal in the Newspaper - Copy to File S ENÐ PROO T OF ¿DWNTTSEAPNT,. TTENK YOTT I ! IEmailed to the Sentinelat legals@lodinews.com at on \\cvcfilv0l\administration$\Administration\CLERK\OrdSummaries\Advins.doc CITY OF LODI ORDINANCE NO. I979 AN ORDINANCE OF THE CITY COUNC¡L OF THE CITY OF LODI AMENDING LODI MUNICIPAL CODE TITLE I5 - BUILDINGS AND GONSTRUCTION - BY REPEALING AND REENACTING CHAPTER 15.60 - FLOOD DAMAGE PREVENTION - IN ITS ENTIRETY; AMENDING LODI MUN¡CIPAL CODE TITLE 17 - DEVELOPMENT CODE - BY REPEALING AND REENACTING SECT¡ON 17.14.040, "GENERAL PERFORMANCE STANDARDS,'' IN ITS ENT¡RETY; AND AMENDING LODI MUNIGIPAL CODE CHAPTER 17.28 OVERLAYING ZONING D¡STRICTS BY REPEALING AND REENAGTING SECTION 17.28.030, "FLOOD HAZARD (-F) OVERLAY ZONING DISTRICTS," lN ITS ENTIRETY; AND AMENDTNG THE LOD| 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 PROTEGTION. 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 DECLARATION OF POSTING ORDINANCE NO. {979 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 LOD¡ MUNICIPAL CODE TITLE 17 - DEVELOPMENT CODE - BY REPEALING AND REENACTING SECTION 17.14.040, 'GENERAL PERFORMANCE STANDARDS,' ¡N ITS ENTIRETY; AND AMENDING LODI MUNICIPAL CODE CHAPTER 17.28 - OVERLAYING ZONING DISTRICTS - BY REPEALING AND REENACT¡NG SECTION 17.28.030,'FLOOD HAZARD (-F) OVERLAY ZONING DtsTRtcTs,' lN tTS ENTIRETY; AND AMENDING THE LODI ZONING MAP TO ESTABLTSH THE FLOOD HAZARD GF) - 200-YEAR OVERLAY DTSTRICT TO IMPLEMENT THE PROVISIONS OF SENATE BILL 5 AND SENATE BILL 1278 RELATED TO 2OO.YEAR FLOOD PROTECT¡ON On Thursday, October 8,2020, in the City of Lodi, San Joaquin County, California, a ceftified copy of Ordinance No. 1979 (attached hereto, marked Exhibit "4") 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 - BU¡LDINGS AND CONSTRUCTION - BY REPEALING 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 AMENDINc THE LODI 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 StatutoryAuthorization 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: EXþ{IßIT A 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 ín 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 which serve such uses, be protected against flood damage at the time of initial construction; Control the alteration of natural floodplains, stream channels, and natural protective barriers, which help accommodate or channelfloodwaters; 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 zone" See "Special flood 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, low-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. 6. A. B. 2 c D "Accessory use" means a use which is 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 specialflood hazard" See "Specialflood 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 "10O-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 límited 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 "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 20}-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." U. V. W R. S T Y z X. 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 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. 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 parcelto 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 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 lnterior or directly by the Secretary of the lnterior 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. ll. "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(CX3); 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(BX1). NN. "Mean sea level" means, for purposes of the National Flood lnsurance 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 6 OQ RR. SS. TT UU W. WW XX. YY. zz. streets, and either final site grading or the pouring of concrete pads) is completed on or after March 1, 1978. "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. "One-hundred-year flood" or "100-year flood." See "Base flood." "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. "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. "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 permane duty truck; and ntly towable by a light- 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. 7 AAA. BBB. ccc. DDD. EEE. FFF. GGG. "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. "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. I 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 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 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 mappíng is the minimum area of applicability of this chapter and may be supplemented by studies for other areas whích 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\Nest 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 AbrogationandGreaterRestríctions. 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 1 5.60.120 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 revision (CLOMR's). Approved CLOMR's allow construction of the 10 A. B. c. proposed flood control project and land preparation as specified in the "start of construction" definition. B Development of Substantial lmprovement and Substantial Damage Procedures. 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. 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 (10O-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. 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 othenruise allowed in the primary zoning district with which the -F200 overlay district is combined. 1 2 c 1 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:2 a b 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. c. H 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: t2 Certification required by Section 15.60.180(C)(1) and Section 1 5.60.210 (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 needefl, 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 fietd 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. 6. J. K. L. 1 13 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 witl 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.Residential dwellings on existing undeveloped lots in subdivisions approved before January 1,1977; Outdoor recreational facilities: Campgrounds Boating facilities Parks Golf courses or driving ranges Athletic fields 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; 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 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 Materials and Methods. All new construction and substantial improvements of structures, including manufactured homes, shall be constructed: B c D. E. F. (r. A. B 15 1 2 3 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. 4 1 C. Elevation and Floodproofing 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. 2 Nonresidential Construction. All new construction or substantial improvements of nonresidential structures shall either be elevated to conform with Subsection (CX1) 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 b c. T6 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: I ilt 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 nonresidential structure must meet the above requirements or be dry floodproofed. For guidance on below grade parking areas, see FEMA Technical Bulfetin T8-6. "Accessory structures" used solely for parking (2 car detached garages or smaller) or limited storage (small, low-bost sheds), as defined in Section t7 IV 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. 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: 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. 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. 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: ¡t IV V VI 2 15.60.200 Standards for Subdivisions and Other Proposed Development. A. B A. 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. 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 wíth the need to minimize flood damage. Atl subdivision proposals and other proposed development shall have public utilities and facilities such as sewer, gas, electrical and water systems located and constructed to minimize flood damage. All subdivisions and other proposed development shall provide adequate drainage to reduce exposure to flood hazards. 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. t9 15.60.220 StandardsforRecreationalVehicles. A. All recreationalvehicles placed in Zones A1-30, AH, and AE willeither: Be on the site 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 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. lf 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 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 críteria 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 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. 20 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-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 ConditionsforVariances E. 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 íncreases 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 íssued 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: A. B c. D. 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-fíve 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. 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 perceptible 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 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. 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 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). 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 Cíty Hall. C. Applicability, -F200 Overlay District 1 Applicatíon 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 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 overfay district is combined. 23 2 E I Permitted Uses Generally, -F100 Overlay District. Unless othenrise prohibited or subject to a use permit ín 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: Agriculture; Open space agricultural uses not requiríng 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 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. Permitted Uses, -F'100 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: Residential dwellings on existing undeveloped lots in subdivisions approved before January 1,1977; b. Outdoor recreationalfacilities: a b c d ô 2. a t. ii. ¡ii. iv. V. vi. Campgrounds; Boating facilities; Parks; Golf courses or driving ranges; Athletic fields; and Shooting ranges; c. d. 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; 24 F 3 e. lmprovements 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. Prohíbíted 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. Development Standards, -F100 Overlay District. ln all areas zoned in the -F100 overlay district, the provisions set out in subsections 1 through 6 are required. 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. 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 lnspector. G. Flood Zone Determination - 200-Year Floodplain. 1 2. 3. 4 5 6. I 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 findings established under Section 15.60.130.D of this code. 25 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. 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. Warning-Liability Denied. The degree of flood protection required by this chapter is considered reasonable for regulatory purposes and is based on scientifíc 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 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. qECTION 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 Hydraulíc Analyses: Summary of Methodology & Results," dated December 19, 2018. SECT-ION 5. AII 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 othenuise imposed by law. SEPTION 7. Severability. lf any provision of this ordinance or the application thereof to any person or clrcumstances is held invalid, such invalidity shall not affect other provisions or applications of the ordinance whích 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. 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(c)(1 ). 2 3 H 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 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. 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