CHAPTER 8A
FLOOD DAMAGE PREVENTION

Article I. Findings, Purpose and Objectives.

8A.1.1 Statutory Authorization and Findings.

(a)    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 Fairfield does hereby adopt the following floodplain management regulations.

(b)    The flood hazard areas of the City of Fairfield 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.

(c)    These flood losses are caused by the cumulative effect of obstructions in areas of special flood hazards which increase flood heights and velocities, and when inadequately anchored, damage uses in other areas. Uses that are inadequately flood proofed, elevated or otherwise protected from flood damage also contribute to the flood loss. (Ord. No. 2012-14, § 1.)

8A.1.2 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 provisions designed:

(a)    To protect human life and health;

(b)    To minimize expenditure of public money for costly flood control projects;

(c)    To minimize the need for rescue and relief efforts associated with flooding and generally undertaken at the expense of the general public;

(d)    To minimize prolonged business interruptions;

(e)    To minimize damage to public facilities and utilities such as water and gas mains, electric, telephone, sewer lines and streets located in areas of special flood hazard;

(f)    To 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 blight areas;

(g)    To insure that potential buyers are notified that property is in an area of special flood hazard; and,

(h)    To insure that those who occupy the areas of special flood hazard assume responsibility for their actions.

8A.1.3 Methods of reducing flood losses.

In order to accomplish its purposes, this chapter includes methods and provisions for:

(a)    Restricting or prohibiting uses which are dangerous to health, safety, and property due to water or erosion hazards, or which result in damaging increases in erosion or in flood heights or velocities;

(b)    Requiring that uses vulnerable to floods, including facilities which serve such uses, be protected against flood damage at the time of initial construction;

(c)    Controlling the alteration of natural flood plains, stream channels, and natural protective barriers, which help accommodate or channel flood waters;

(d)    Controlling, filling, grading, dredging, and other development which may increase flood damage; and

(e)    Preventing or regulating the construction of flood barriers which will unnaturally divert flood waters or which may increase flood hazards in other areas.

Article II. Definitions.

8A.2.1 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 to give this ordinance its most reasonable application.

"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.

"Area of special flood hazard" means the land in the floodplain within a community subject to a one percent or greater chance of flooding in any given year. This area is designated as Zone A, AO, AH, AE, A1-30 on the FIRM.

"Base flood" means the flood having a one percent chance of being equalled 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.

"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 flood plain which may impede or alter the flow capacity of a flood plain.

"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 July 5, 1984, which is the original adoption date of the floodplain management regulations adopted by the City of Fairfield.

"Expansion to an existing manufactured home park or subdivision" means the preparation of additional sites by the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads).

"Flood" or "flooding" means a general and temporary condition of partial or complete inundation of normally dry land areas from:

(a)    The overflow of inland or tidal waters; and/or

(b)    The unusual and rapid accumulation of runoff of surface waters from any source.

"Flood Boundary Floodway Map" means the office map on which the Federal Insurance Administration has delineated both the areas of flood hazard and the floodway.

"Flood Insurance Rate Map (FIRM)" means the official map on which the Federal Insurance Administration has delineated both the areas of special flood hazards and the risk premium zones applicable to the community.

"Flood Insurance Study" means the official report provided by the Federal Emergency Management Agency that includes flood profiles, the FIRM, the Flood Boundary Floodway Map, and the water surface elevation of the base flood.

"Floodproofing" means any combination of structural and nonstructural additions, changes or adjustments to nonresidential structures which reduce or eliminate flood damage to real estate or improved property. "Flood related erosion" is a condition that exists in conjunction with a flooding event that alters the composition of the shoreline or bank of a watercourse, or a condition that increases the possibility of loss due to the erosion of the land area adjacent to the shoreline or watercourse.

"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 (1) foot. The floodway is delineated on the Flood Boundary Floodway Map.

"Freeboard" means a factor of safety above a flood level for purposes of flood plain management. Freeboard tends to compensate for the many unknown factors that could contribute to flood heights greater than the height calculated for a selected size flood and floodway conditions, such as wave action, bridge openings, and the hydrological effect of watershed urbanization.

"Historic structure" means any structure that is:

(a)    Listed individually in the National Register of Historic Places (a listing maintained by the Department of Interior) or preliminarily determined by the Secretary of the Interior as meeting the requirements for individual listing on the National Register;

(b)    Certified or preliminarily determined by the Secretary of the Interior as contributing to the historical significance of a registered historic district or a district preliminarily determined by the Secretary to qualify as a registered historic district;

(c)    Individually listed on a state inventory of historic places in states with historic preservation programs which have been approved by the Secretary of Interior; or

(d)    Individually listed on a local inventory of historic places in communities with historic preservation programs that have been certified either by an approved state program as determined by the Secretary of the Interior or directly by the Secretary of the Interior in states without approved programs.

"Lowest Floor" means the lowest floor of the lowest enclosed area (including basement). An unfinished or flood resistant enclosure, 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 that such enclosure is not built so as to render the structure in violation of the applicable non elevation design requirements of this ordinance.

"Hazard Mitigation Plan" A plan that incorporates a process whereby the potential of future loss due to flooding can be minimized by planning and implementing alternatives to flood plain development community wide.

"Highest Adjacent Grade" means the highest natural elevation of the ground surface prior to construction next to the proposed walls of a structure.

"Manufactured home" means a structure, transportable in one or more sections, which is built on a permanent chassis and is designed for use with or without a permanent foundation when connected to the required utilities. 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.

"New construction" means structures for which the "start of construction" commenced on or after July 5, 1984, which is the original adoption date of this chapter, 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 July 5, 1984, which is the original adoption date of floodplain management regulations adopted by the City of Fairfield.

"Recreational Vehicle" means a vehicle which is:

a)    built on a single chassis;

b)    400 square feet or less when measured at the largest horizontal projection;

c)    designed to be self-propelled or permanently towable by a light duty truck; and

d)    designed primarily not for use as a permanent dwelling but as temporary living quarters for recreational, camping, travel, or seasonal use.

"Start of Construction" (for other than new construction or substantial improvements under the coastal barrier resources act (Pub. L. 97-348), 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, placement, or other improvement was within 180 days of the permit date. The actual start means either the first placement of permanent construction of a structure on a site, such as the pouring of slab or footings, the installation of piles, the construction of columns, or any work beyond the stage of excavation; or the placement of a manufactured home on a foundation. Permanent construction does not include land preparation, such as clearing, grading and filling; nor does it include the installation of streets and/or walkways; nor does it include excavation for a basement, footings, piers, or foundations or the erection of temporary forms; nor does it include the installation on the property of 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, manufactured home, or gas or liquid storage tank that is principally above ground.

"Substantial damage" means damage of any origin sustained by a structure whereby the cost of restoring the structure to its before damaged condition would equal or exceed 50 percent of the market value of the structure before the damage occurred.

"Substantial improvement" means any repair, reconstruction, or improvement of a structure, the cost of which equals or exceeds 50 percent of the market value of the structure either:

(a)    Before the improvement or repair is started, or

(b)    If the structure has been damaged and is being restored, before the damage occurred.

For the purposes of this definition, "substantial improvement" is considered to occur when the first alteration of any wall, ceiling, floor, or other structural part of the building commences, whether or not that alteration affects the external dimensions of the structure. This term includes structures that have incurred "substantial damage", regardless of the actual repair work performed.

This term does not, however, include either:

(a)    Any project for improvement of a structure to comply with existing state or local health, sanitary, or safety code specifications which have been identified by the local code enforcement official, and which are solely necessary to assure safe living conditions, or

(b)    Any alteration of a "historic structure", a structure listed on the national register of historic places, or a state inventory of historic places provided that the alteration will not preclude the structure’s continued designation as a "historic structure".

"Violation" means the failure of a structure or other development to fully comply with the community’s flood plain management regulations that are contained in this code. A structure or other development without an elevation certificate and other evidence of compliance required by the City is presumed to be in violation until such time as that documentation is provided. (Ord. No. 98-28, § 2; Ord. No. 2002-17, § 1; Ord. No. 2012-14, § 2; Ord. No. 2016-05, § 1.)

Article III. General Provisions.

8A.3.1 Lands to which chapter applies.

This chapter shall apply to all areas of special flood hazards within the City of Fairfield.

8A.3.2 Basis for establishing the areas of special flood hazard.

The areas of special flood hazard identified by the Federal Insurance Administration, through the Federal Emergency Management Agency in a scientific and engineering report entitled "The Flood Insurance Study for the City of Fairfield," dated April 16, 1991, with accompanying Flood Insurance Rate Maps (FIRMS) and Flood Boundary and Floodway Maps (FBFMs) dated April 16, 1991, and September 15, 1993, and all subsequent amendments and/or revisions, are hereby adopted by reference and declared to be a part of this chapter. The Study, FIRMs and FBFMs are on file at the office of the director of public works, City of Fairfield, City Hall, 1000 Webster Street, Fairfield, California. (Ord. 98-28, § 3.)

8A.3.3 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 shall constitute a misdemeanor. Nothing herein shall prevent the City Council and/or the Director of Public Works from taking such lawful action as is necessary to prevent or remedy any violation. (Ord. 2002-17, § 2.)

8A.3.4 Abrogation and greater restrictions.

This chapter is not intended to repeal, abrogate, or impair any existing ordinances. However, where this chapter and another ordinance conflict or overlap, whichever imposes the more stringent restrictions shall prevail.

8A.3.5 Interpretation.

In the interpretation and application of this chapter, all provisions shall be:

(a)    Considered as minimum requirements;

(b)    Liberally construed in favor of the city council; and,

(c)    Deemed neither to limit nor repeal any other powers granted under state statutes.

8A.3.6 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 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 of Fairfield, any officer or employee thereof, or the federal insurance administration, for any flood damages that result reliance on this chapter or any administrative decision made thereunder.

8A.3.7 Severability.

This ordinance and the various parts thereof are hereby declared to be severable. Should any section of this ordinance be declared by the courts to be unconstitutional or invalid, such decision shall not affect the validity of the ordinance as a whole, or any portion thereof other than the section so declared to be unconstitutional or invalid. (Ord. No. 2012-14, § 3.)

Article IV. Administration.

8A.4.1 Establishment of flood plain development permit.

A flood plain development permit shall be obtained before construction or development begins within any area of special flood hazard established in section 8A.3.2. Application for a flood plain development permit shall be made on forms, furnished by the director of public works, and may include, but not be limited to; plans in duplicate scale showing the nature, location, dimensions, and elevation of the area in question; existing or proposed structures, fill, storage of materials, drainage facilities; and the location of the foregoing. Specifically, the following information is required:

(a)    Proposed elevation in relation to mean sea level, of the lowest floor (including basement) of all structures; in zone A0 elevation of existing grade and proposed elevation of lowest floor of all structures.

(b)    Proposed elevation in relation to mean sea level to which any structure will be floodproofed;

(c)    Certification by a registered professional engineer or architect that the floodproofing methods for any nonresidential structure meets the floodproofing criteria in section 8A.5.1.3(c); and,

(d)    Description of the extent to which any watercourse will be altered or relocated as a result of proposed development.

8A.4.2 Designation of the administrative official.

The director of public works is hereby appointed to administer and implement this ordinance by granting or denying flood plain development permit applications in accordance with its provisions.

8A.4.2.1 Permit review.

The director of public works shall:

(a)    Review all flood plain development permit applications to determine that the permit requirements of this ordinance have been satisfied.

(b)    Review all flood plain development permit applications to determine that the site is reasonably safe from flooding.

(c)    Ensure that all other required state and federal permits have been obtained.

(d)    Review all flood plain development permit applications to ensure that the proposed development does not adversely affect the carrying capacity of the area of special flood hazard where base flood elevations have been determined, but a floodway has not been designated.

For purposes of this chapter, "adversely affects" 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.

(e)    Review all proposals for the development of 5 parcels or more to assure that the flood discharge exiting the development after construction is equal to or less than the flood discharge at the location prior to development. (Ord. No. 2002-17, § 3; Ord. No. 2016-05, § 2.)

8A.4.2.2 Use of other base flood data.

When base flood elevation data has not been provided in accordance with section 8A.3.2, the director of public works shall obtain, review and reasonably utilize any base flood elevation data available from a Federal, State or other source, in order to administer Article V of this chapter.

8A.4.2.3 Information to be obtained and maintained.

The director of public works shall obtain and maintain for public inspection and make available as needed for flood insurance policies:

(a)    The certified elevation required in section 8A.5.1.3(a)    (residential);

(b)    The certification required in section 8A.5.1.3(b)    (shallow flooding);

(c)    The floodproofing certification required in section 8A.5.1.3(c)    (nonresidential);

(d)    The certified elevation required in section 8A.5.4(b)    (subdivision); and,

(e)    The anchoring certification required in section 8A.5.5.(a) manufactured home).

8A.4.2.4 Alteration of watercourses.

The director of public works shall:

(a)    Notify adjacent communities and the California department of water resources prior to any alteration or relocation of a watercourse, and submit evidence of such notification to the federal emergency management agency.

(b)    Require that the flood carrying capacity of the altered or relocated portion of said watercourse is maintained.

(c)    Base Flood Elevation changes due to physical alterations:

(1)    Within 6 months of information becoming available or project completion, whichever occurs 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).

(2)    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. (Ord. No. 2016-05, § 3.)

8A.4.2.5 Interpretation of FIRM boundaries.

The director of public works shall make interpretations where needed, as to the exact location of the boundaries of the areas of special flood hazards (for example, where there appears to be a conflict between mapped boundary and actual field conditions.)

8A.4.2.6 Maintenance of flood protection measures.

The director of public works shall maintain publicly owned flood protection measures, (levees, dikes, dams or reservoirs). If these measures are privately owned, an operation or maintenance plan shall be filed with the director of public works.

8A.4.2.7 Hazard mitigation plan.

The director of public works shall weigh all requests for future flood plain development against the general plan. Consideration of the following elements are required before approval:

(a)    Determination if proposed development is in or affects a known flood plain;

(b)    Public comment and testimony concerning the proposed activity;

(c)    Determine if there is a practicable alternative or site for the proposed activity;

(d)    Identify impact of the activity on the flood plain;

(e)    Provide a plan to mitigate the impact of the activity with the provisions in section 8A.4.2.1(d).

Article V. Provisions for flood hazard reduction.

8A.5.1 Standards of construction.

In all areas of special flood hazards, the standards in this article shall apply.

8A.5.1.1 Anchoring.

(a)    All new construction and substantial improvements shall be anchored to prevent flotation, collapse or lateral movement of the structure.

(b)    All mobile manufactured homes shall meet the anchoring standards of section 8A.5.5.(a). (Ord. 2002-17, § 4).

8A.5.1.2 Construction materials and methods.

(a)    All new construction and substantial improvements shall be constructed with materials and utility equipment resistant to flood damage.

(b)    All new construction and substantial improvements shall be constructed using methods and practices that minimize flood damage.

(c)    All elements that function as part of the structure, such as furnace, hot water heater, air conditioner, or other service equipment shall be elevated to at least one (1) foot above the base flood elevation or depth number specified on the FIRM. (Ord. 2002-17, § 5).

(d)    Within Zones AH and AO, all new construction and substantial improvements shall be constructed such that there are adequate drainage paths around structures on slopes to guide flood waters around and away from proposed structures. (Ord. 2002-17, § 6).

8A.5.1.3 Elevation and floodproofing.

(a)    New construction and substantial improvement of any structure shall have the lowest floor, including basement, elevated to at least one (1) foot above the base flood elevation. Nonresidential structures may meet the standards in section 8A.5.1.3(c). Upon completion of the structure the elevation of the lowest floor including basement shall be certified by a registered professional engineer or surveyor and verified by the building inspector that elevation requirements have been met. Notification of compliance shall be recorded as set forth in section 8A.4.2.3(a). (Ord. 2002-17, § 7.)

(b)    New construction and substantial improvement of any structure in Zone AO shall have the lowest floor, including basement, elevated above the highest adjacent grade to at least one (1) foot above the depth number specified on the FIRM. If there is no depth number on the FIRM, the lowest floor, including basement, shall be elevated to at least three (3) feet above the highest adjacent grade. Nonresidential structures may meet standards in section 8A.5.1.3(c). Upon completion of the structure compliance to the elevation requirement shall be certified by a registered professional engineer or surveyor and verified by the building inspector. Notification of compliance shall be recorded as set forth in section 8A.4.2.3(b).

(c)    Nonresidential construction shall either be elevated in conformance with section 8A.5.1.3(a) or (b), or together with attendant utility and sanitary facilities:

(1)    Be floodproofed below the elevation recommended in section 8A.5.1.3 so that below the level of one (1) foot above the base flood elevation the structure is watertight with walls substantially impermeable to the passage of water; (Ord. 2002-17, § 7).

(2)    Have structural components capable of resisting hydrostatic and hydrodynamic loads and effects of buoyancy; and,

(3)    Be certified by a registered professional engineer or architect that the standards of this subsection are satisfied. Such certification shall be provided to the director of public works as set forth in section 8A.4.2.3(c).

(d)    Manufactured homes shall meet the above standards and also the standards in section 8A.5.5.

(e)    For all new construction and substantial improvements, fully enclosed areas below the lowest floor (excluding basements) that are useable 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 floodwaters. Designs for meeting this requirement must either be certified by a registered professional engineer or architect or must meet or exceed the following minimum criteria: A minimum of two openings located on different sides of the building having a total net area of not less than one square inch for every square foot of enclosed area subject to flooding shall be provided. The bottom of all openings shall be no higher than one foot above grade. Openings may be equipped with screens, louvers, or other coverings or devices provided that they permit the automatic entry and exit of floodwaters. (Ord. 98-28, § 4; Ord. No. 2012-14, § 4.)

8A.5.2 Standards for storage of materials and equipment.

(a)    The storage or processing of materials that are in time of flooding buoyant, flammable, explosive, or could be injurious to human, animal or plant life is prohibited.

(b)    Storage of other material or equipment may be allowed if not subject to major damage by floods and firmly anchored to prevent flotation or if readily removable from the area within the time available after flood warning.

8A.5.3 Standards for mechanical and utility equipment.

(a)    All new and replacement water supply and sanitary sewage systems shall be designed to minimize or eliminate infiltration of flood waters into the system and discharge from systems into flood waters.

(b)    On site waste disposal systems shall be located to avoid impairment to them or contamination from them during flooding.

(c)    Electrical, heating, ventilation, plumbing, and air conditioning equipment and other service facilities shall be designed and/or located so as to prevent water from entering or accumulating within the components during conditions of flooding.

8A.5.4 Standards for subdivisions and other proposed new development.

(a)    All tentative subdivision map proposals and other proposed developments, which map proposals or proposed developments greater than 50 lots or 5 acres, whichever is less, shall identify the special flood hazard area and base flood elevations along the project limits.

(b)    All final subdivision maps and other proposed development plans will provide the elevation of proposed structures and pads. If the site is filled above the base flood, the final pad elevation shall be certified by a registered professional engineer or surveyor and provided to the director of public works as set forth in section 8A.4.2.3(d).

(c)    All subdivision map proposals and other proposed developments shall be consistent with the need to minimize flood damage;

(d)    All subdivision map proposals and other proposed developments shall have public utilities and facilities such as sewer, gas, electrical, and water systems located and constructed to minimize flood damage;

(e)    All subdivision map proposals and other proposed developments shall have adequate drainage provided to reduce exposure to flood damage as set forth in section 8A.4.2.l(d). Certification of compliance shall be required of the developer. (Ord. No. 2012-14, § 5; Ord. No. 2016-05, § 4.)

8A.5.5 Standards for manufactured homes and mobile manufactured home parks and subdivisions.

(a)    All manufactured homes and additions to manufactured homes shall be anchored to resist flotation, collapse, or lateral movement by one of the following methods:

(1)    By providing an anchoring system designed to withstand horizontal forces of 15 pounds per square foot and up lift forces of 9 pounds per square foot; or

(2)    By the anchoring of the unit’s system, designed to be in compliance to the department of housing and development mobile home construction and safety standards; or

(3)    As set forth in section 8A.4.2.3(e), certification meeting the standards above is required of the installer or state agency responsible for regulating the placement, installation and anchoring of individual manufactured home units.

(b)    The following standards are required for l) manufactured homes not placed in manufactured home parks or subdivisions, 2) new manufactured home parks or subdivisions, 3) expansions to existing manufactured home parks or subdivisions and, 4) repair, reconstruction, or improvements to existing manufactured home parks or subdivisions that equals or exceeds 50 percent of the value of the streets, utilities and pads before the repair, reconstruction or improvement commenced.

(1)    Adequate surface drainage and access for a hauler shall be provided.

(2)    All manufactured homes to be placed or substantially improved within Zones A1-A30, AH, and AE shall be elevated on a permanent foundation such that the lowest floor of the manufactured home is at least one (l) foot above the base flood level and be securely anchored to an adequately anchored foundation system in accordance with section 8A.5.5(a). If elevated on pilings:

A.    The lots shall be large enough to permit steps;

B.    The pilings shall be placed in stable soil no more than ten feet apart; and,

C.    Reinforcement shall be provided for pilings more than six fee above ground level.

(c)    No manufactured home shall be placed in a floodway, except in an existing manufactured home park or existing manufactured home subdivision.

(d)    Certification of compliance is required of the developer responsible for the plan or state agency responsible for regulating manufactured home placement. (Ord. No. 2012-14, § 6.)

8A.5.6 Standards for recreational vehicles.

All recreational vehicles placed in Zones A1-30, AH, and AE will either:

(a)    Be on the site for fewer than 180 consecutive days; or

(b)    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

(c)    Meet the permit requirements of Section 8A.4.1 of this ordinance and the elevation and anchoring requirements for manufactured homes in Section 8A.5.5. (Ord. No. 2012-14, § 7.)

8A.5.7 Floodways.

Located within areas of special flood hazard established in section 8A.3.2 are areas designated as floodways. Since the floodway is an extremely hazardous area due to the velocity of flood waters which carry debris, potential projectiles, and erosion potential, the following provisions apply.

(a)    No encroachments, including fill, new construction, substantial improvements, and other development shall be permitted unless certification by a registered professional engineer or architect is provided demonstrating that encroachments shall not result in any increase in flood levels during the occurrence of the base flood discharge.

(b)    If no floodway is identified, then new development will be allowed only after it is demonstrated that the cumulative effect of all past and projected development will not increase the base flood elevation by more than one foot. Furthermore, a minimum setback of 30 feet from the bank(s) of the watercourse will be established, where encroachment will be prohibited. (Ord. No. 2012-14, §§ 7, 8. Formerly 8A.5.6.)

Article VI. Appeals and Enforcement.

8A.6.1 Appeals.

(a)    The city council shall have power to hear and decide appeals when it is alleged by the appellant that there is error in any order, requirement, permit, decision or determination made by the director of public works or other official of the city in the administration or enforcement of this chapter.

(b)    Any person, firm, corporation, unincorporated association, public officer or agency aggrieved or affected by any determination under this chapter may within ten days from such determination file an appeal in writing with the city council. In the written appeal, the reasons of the appeal shall be outlined. Filing of an appeal shall stay all proceedings until determination of the appeal. Upon receipt of such appeal, the city council shall set the date for a public hearing to be held within thirty days thereafter and notify the appellant, the original applicant, if other than the appellant and the director of public works.

(c)    The director of public works shall transmit to the city council copies of all papers constituting the record of action appealed.

(d)    Upon hearing the appeal, city council shall make a determination that the decision appealed shall be affirmed, reversed or modified. Notice of the city council’s determination shall be mailed forthwith by the city clerk to the original applicant, the person making the appeal and the director of public works.

(d)    Notwithstanding any other provisions of this chapter, the city council, upon its own motion made within ten days from the making of any final order, requirement or determination by the engineer, may order a review of such order, requirement or determination. Notice of such review shall be delivered or mailed to the director of public works and the original applicant. The notice shall include a provision for a public hearing to be held within thirty days from the date of the motion.

8A.6.2 Enforcement.

(a)    Violation of this chapter shall be an infraction punishable as provided in section l.7 of this code.

(b)    Any use of property contrary to the provisions of this chapter shall be, and the same is hereby declared to be a public nuisance, and the city attorney shall, upon the request of the city manager, immediately commence actions and proceedings for the abatement, removal, and enjoinment thereof, in the manner provided by law; and shall take such other steps, and shall apply to any court as may have jurisdiction to grant such relief as will abate and remove such use, and restrain and enjoin any person, firm or corporation from setting up, erecting, building, maintaining, or using any property contrary to the provisions of this chapter.

(c)    The remedies provided in this chapter will be cumulative and not exclusive. (Ord. No. 71-3; Ord. No. 80-11, § 2; Ord. No. 84-25, § 1; Ord. No. 87-1, §1.)

Article VII. Variance Procedure.

8A.7.1 Nature of variances.

The City’s Director of Public Works (the "Director") may issue variances in accordance with this Article VII for floodplain management purposes only. Insurance premium rates are determined by statute according to actuarial risk and will not be modified by the granting of a variance.

The variance criteria set forth in this section of the ordinance are based on the general principle of zoning law that variances pertain to a piece of property and are not personal in nature. A variance may be granted for a parcel of property with physical characteristics so unusual that complying with the requirements of this ordinance would create an exceptional hardship to the applicant or the surrounding property owners. The characteristics must be unique to the property and not be shared by adjacent parcels. The unique characteristic must pertain to the land itself, not to the structure, its inhabitants, or the property owners.

It is the duty of the City to help protect its citizens from flooding. This need 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 procedure provided in this ordinance is detailed and contains multiple provisions that must be met before a variance may be granted. The criteria are designed to screen out those situations in which alternatives other than a variance are more appropriate. (Ord. No. 2012-14, § 9.)

8A.7.2 Conditions for variances.

(a)    Generally, variances may be issued for new construction, substantial improvement, and other proposed new development to be erected on a lot of one-half acre or less in size that is contiguous to and surrounded by lots with existing structures constructed below the base flood level, providing that the procedures of Sections 8A.4 and 8A.5 of this ordinance have been followed and the standards contained herein have been carefully evaluated. As the lot size increases beyond one-half acre, the technical justification required for issuing the variance shall be greater.

(b)    Variances may be issued for the repair or rehabilitation of "historic structures" (as defined in Section 2 of this ordinance) upon a determination that the proposed repair or rehabilitation will not preclude the structure’s continued designation as an historic structure and the variance is the minimum necessary to preserve the historic character and design of the structure.

(c)    Variances shall not be issued within any mapped regulatory floodway if any increase in flood levels during the base flood discharge would result.

(d)    Variances shall only be issued upon a determination that the variance is the "minimum necessary" considering the flood hazard, to afford relief. "Minimum necessary" means to afford relief with a minimum of deviation from the requirements of this ordinance. For example, in the case of variances to an elevation requirement, this means the Director 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 Director believes will both provide relief and preserve the integrity of the local ordinance.

(e)    Any applicant to whom a variance is granted shall be given written notice over the signature of the Director that:

(1)    The issuance of a variance to construct a structure below the base flood level may result in increased premium rates for flood insurance up to amounts as high as $25 for $100 of insurance coverage, and

(2)    Such construction below the base flood level increases risks to life and property.

It is recommended that a copy of the notice shall be recorded by the Director in the Office of the Solano County Recorder and shall be recorded in a manner so that it appears in the chain of title of the affected parcel of land.

(f)    The Director 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. (Ord. No. 2012-14, § 9.)

8A.7.3 Review Standards.

(a)    In passing upon requests for variances, the Director shall consider all technical evaluations, all relevant factors, standards specified in other sections of this ordinance, and the:

(1)    Danger that materials may be swept onto other lands to the injury of others;

(2)    Danger of life and property due to flooding or erosion damage;

(3)    Susceptibility of the proposed facility and its contents to flood damage and the effect of such damage on the existing individual owner and future owners of the property;

(4)    Importance of the services provided by the proposed facility to the community;

(5)    Necessity to the facility of a waterfront location, where applicable;

(6)    Availability of alternative locations for the proposed use which are not subject to flooding or erosion damage;

(7)    Compatibility of the proposed use with existing and anticipated development;

(8)    Relationship of the proposed use to the comprehensive plan and floodplain management program for that area;

(9)    Safety of access to the property in time of flood for ordinary and emergency vehicles;

(10)    Expected heights, velocity, duration, rate of rise, and sediment transport of the flood waters expected at the site; and

(11)    Costs of providing governmental services during and after flood conditions, including maintenance and repair of public utilities and facilities such as sewer, gas, electrical, and water system, and streets and bridges.

(b)    Variances shall only be issued upon a:

(1)    Showing of good and sufficient cause;

(2)    Determination that failure to grant the variance would result in exceptional "hardship" to the applicant; and

(3)    Determination that the granting of a variance will not result in increased flood heights, additional threats to public safety, or extraordinary public expense, create a nuisance, cause fraud and victimization of the public, or conflict with existing local laws or ordinances.

(c)    Variances may be issued for new construction, substantial improvement, and other proposed new development necessary for the conduct of a functionally dependent use provided that the provisions of Sections 8A.7.3(a) through 8A.7.3(d) are satisfied and that the structure or other development is protected by methods that minimize flood damages during the base flood and does not result in additional threats to public safety and does not create a public nuisance.

(d)    Upon consideration of the factors of Section 8A.7.2(a) and the purposes of this ordinance, the Director may attach such conditions to the granting of variances as he or she deems necessary to further the purposes of this ordinance. (Ord. No. 2012-14, § 9.)