Chapter 14.32
FLOOD DAMAGE PREVENTION
Sections:
14.32.010 Statutory authorization, findings of fact, purpose and objectives.
14.32.050 Provisions for flood hazard reduction.
14.32.060 Variance procedures.
14.32.010 Statutory authorization, findings of fact, purpose and objectives.
A. Statutory Authorization. The California Constitution, Article XI, Section 5, grants charter cities the power to adopt regulations designed to promote the public health, safety, and general welfare of its citizenry. Therefore, the city council does hereby adopt this chapter.
B. Findings of Fact.
1. The flood hazard areas of the city are subject to periodic inundation which may result in losses 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.
2. 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.
C. 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 to:
1. Protect human life and health;
2. Minimize expenditure of public money for costly flood-control projects;
3. Minimize the need for rescue and relief efforts associated with flooding and generally undertaken at the expense of the general public;
4. Minimize prolonged business interruptions;
5. Minimize damage to public facilities and utilities such as water and gas mains, electric, telephone and sewer lines, streets and bridges located in areas of special flood hazard;
6. Help maintain a stable tax base by providing for the second use and development of areas of special flood hazard so as to minimize future flood blight areas;
7. Insure that potential buyers are notified that property is in an area of special flood hazard; and
8. Insure that those who occupy the areas of special flood hazard assume responsibility for their actions.
D. Methods of Reducing Flood Losses. In order to accomplish its purposes, this chapter includes methods and provisions for:
1. 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;
2. Requiring that uses vulnerable to floods, including facilities which serve such uses, be protected against flood damage at the time of initial construction;
3. Controlling the alteration of natural floodplains, stream channels, and natural protective barriers, which help accommodate or channel floodwaters;
4. Controlling filling, grading, dredging, and other development which may increase flood damage; and
5. Preventing or regulating the construction of flood barriers which will unnaturally divert floodwaters or which may increase flood hazards in other areas. (Ord. 882 § 2 (part), 1998)
14.32.020 Definitions.
Unless specifically defined in this section, 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.
“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 are subject to flash flooding, high velocity flows debris flows, erosion, sediment movement and deposition and channel migration.
“Apex” means a point of highest elevation on an alluvial fan, which on undisturbed fans is generally the point where the major stream that formed the fan emerges from the mountain front.
“Appeal” means a request for a review of the floodplain administrator’s interpretation of any provision of this chapter or a request for a variance.
Area of special flood hazard. See “Special flood hazard area.”
“Base flood” means the flood having a 1 percent chance of being equaled or exceeded in any given year (also called the “100-year flood”). Base flood is the term used throughout this chapter.
“Basement” means any area of the building having its floor subgrade, i.e., below ground level, on all sides.
“Breakaway walls” are any type of walls, whether solid or lattice, and whether constructed of concrete, masonry, wood, metal, plastic or any other suitable building material, which are not part of the structural support of the building and which are so designed as to break away under abnormally high tides or wave action, without damage to the structural integrity of the building on which they are used or any buildings to which they might be carried by floodwaters. A breakaway wall shall have a safe design loading resistance of not less than 10 and no more than 20 pounds per square foot. Use of breakaway walls must be certified by an appropriately California licensed civil engineer or architect and shall meet the following conditions:
a. Breakaway wall collapse shall result from a water load less than that which would occur during the base flood; and
b. The elevated portion of the building shall not incur any structural damage due to the effects of wind and water loads acting simultaneously in the event of the base flood.
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, drilling operations or storage of equipment or materials located within the area of special flood hazard.
“Encroachment” means the advance of 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 the effective date of this chapter.
“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 street, and either final site grading or the pouring of concrete).
“Flood, flooding or flood water” 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 and floodway map (FBFM)” means the official map on which the Federal Insurance Administration has delineated both the areas of flood hazard and the floodway.
“Flood hazard boundary map” means the official map on which the Federal Emergency Management Agency or Federal Insurance Administration has delineated the areas of flood hazards.
“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 Insurance Administration that includes flood profiles, the FIRM, the flood boundary floodway map, and the water surface elevation of the base flood.
“Floodplain or flood-prone area” means any land area susceptible to being inundated by water from any source. See also “Flooding.”
“Floodplain administrator” means the individual appointed to administer and enforce this chapter.
“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 regulation 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 flood-prone areas. This term describes federal, state or local regulations in any combination thereof which provide standards for preventing and reducing flood loss and damage.
“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.
“Fraud and victimization” as related to Section 14.32.060, Variance procedures, of this chapter, means that the variance granted must not cause fraud on or victimization of the public. In examining this requirement, the city will consider the fact that every newly constructed building adds to government responsibilities and remains a part of the community for 50 to 100 years. Buildings that are permitted to be constructed below the base flood elevation are subject during all those years to increased risk of damage from floods, while future owners of the property and the community as a whole are subject to all the costs, inconvenience, danger and suffering that those increased flood damages bring. In addition, future owners may purchase the property, unaware that it is subject to potential flood damage, and can be insured only at very high flood insurance rates.
“Governing body” is the city council for the city of Folsom.
“Hardship” as related to Section 14.32.060, Variance procedures, of this chapter, means the exceptional hardship that would result from a failure to grant the requested variance. The city requires that the variance be exceptional, unusual and peculiar to the property involved. Mere economic or financial hardships alone is not exceptional. Inconvenience, aesthetic considerations, physical handicaps, personal preferences or the disapproval of one’s neighbors likewise cannot, as a rule, qualify as an exceptional hardship. All of these problems can be resolved through other means without granting a variance, even if the alternative is more expensive, or requires the property owner to build elsewhere or put the parcel to a different use than originally intended.
“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:
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; or
c. Individually listed on the state or city inventory of historic places.
“Levee” means a man-made structure, usually an earthen embankment, designed and constructed in accordance with sound engineering practices to contain, control or divert the flow of water so as to provide protection from temporary flooding.
“Levee system” means a flood protection system which consists of a levee, or levees, and associated structures, such as closure and drainage devices, which are constructed and operated in accordance with sound engineering practices.
“Lowest floor” means the lowest floor of the lowest enclosed area, including basement (see “Basement” definition). 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 nonelevation design requirements, but not limited to:
a. The wet floodproofing standards in Section 14.32.050(A)(3)(c) of this chapter;
b. The anchoring standards in Section 14.32.050(A)(1) of this chapter;
c. The construction materials and methods standards in Section 14.32.050(A)(2) of this chapter;
d. The standards for utilities in Section 14.32.050(B) of this chapter.
For residential structures, all subgrade enclosed areas are prohibited within the designated flood hazard area, as they are considered to be basements (see “Basement” definition). This prohibition includes below-grade garages and storage areas.
“Manufactured home” means a structure, transportable in 1 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 2 or more manufactured home lots for rent or sale.
“Mean sea level” means, for purposes of the National Flood Insurance Program, the National Geodetic Vertical Datum (NGVD) of 1929 or other datum, to which base flood elevations shown on a community’s flood insurance rate map are referenced.
“Mudslide” (i.e., mudflow) describes a condition where there is a river, flow or inundation of liquid mud down a hillside, usually as a result of a dual condition of loss of brush cover and the subsequent accumulation of water on the ground, preceded by a period of usually heavy or sustained rain.
“Mudslide (i.e., mudflow) prone area” means an area with land surfaces and slopes of unconsolidated material where the history, geology and climate indicate a potential for mudflow.
“New construction” means structures for which the “start of construction” commenced on or after the effective date of the ordinance codified in 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 the effective date of the ordinance codified in this chapter.
“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.”
“Public safety and nuisance” as related to Section 14.32.060, Variance procedures, 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:
a. Built on a single chassis;
b. Four hundred 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.
“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 1 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 damages, 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” means a designated AO or AH Zone (area of shallow flooding) 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.
“Special flood hazard area (SFHA)” means an area having a special flood and shown on an FHBM or FIRM as Zone A, A1-A30, and/or A99.
“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, placement, or other improvement was within 180 days of the permit date. For a substantial improvement, the actual start means the first alteration of any wall, ceiling, floor, or other structural part of a building, whether or not that alteration affects the external portion of the building, 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.
“Structure” means a walled and roofed building that is principally aboveground; this includes a gas or liquid storage tank or 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 50 percent of the market value of the structure before the damage occurred.
“Substantial improvement” means any repair, rehabilitation, addition, or other proposed new development of a structure, the cost of which equals or exceeds 50 percent of the market value of the structure before the “start of construction” of the improvement. This term includes structures which have incurred “substantial damage,” regardless of the actual repair work performed. The term does not, however include either:
a. Any project for improvement of a structure to correct existing violations of 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
b. Any alteration for improvement of a “historic structure,” provided that the alteration will not preclude the structure’s continued designation as a “historic structure.”
“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, (or other datum, where specified) 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 topographical feature on or over which waters flow at least periodically. Watercourse includes specifically designated areas in which substantial flood damage may occur. (Ord. 882 § 2 (part), 1998)
14.32.030 General provisions.
A. Lands to Which This Chapter Applies. This chapter shall apply to all areas of special flood hazards within the jurisdiction of the city.
B. Basis for Establishing the Areas of Special Flood Hazard. The areas of special flood hazard identified by the Federal Insurance Administration (FIA) of the Federal Emergency Management Agency (FEMA), the flood insurance study (FIS) dated July 6, 1981, and accompanying flood insurance rate maps (FIRMs) and all subsequent amendments and/or revisions, are adopted by reference and declared to be a part of this chapter. The 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 by the floodplain administrator. This study and FIRMs are on file at Folsom City Hall, 50 Natoma Street, Folsom.
C. 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.
1. Violation of the requirements (including violations of conditions and safeguards established in connection with conditions) shall constitute an administrative violation as defined in Section 1.08.020 of the Folsom Municipal Code.
2. Each of the sanctions for administrative violations identified in Section 1.09.013 of the Folsom Municipal Code shall be available for enforcement of the provisions of this chapter.
3. Based upon the criteria for the imposition of administrative sanctions set forth in Section 1.09.014 of the Folsom Municipal Code, a violation of a provision of this chapter shall be deemed a Level E violation, as that term is described in Section 1.09.012 of the Folsom Municipal Code. The range of monetary sanctions available for a violation of this chapter shall be as set forth in Section 1.09.012, Levels of administrative violations, of the Folsom Municipal Code.
4. Nothing herein shall prevent the city from taking such lawful action as is necessary to prevent or remedy any violation.
D. Abrogation and Greater Restrictions. This chapter is not intended to repeal, abrogate, or impair any existing easements, covenants, or deed restrictions. However, where this chapter and another ordinance, easement, covenant, or deed restriction conflict or overlap, whichever imposes the more stringent restrictions shall prevail.
E. Interpretation. In the interpretation and application of this chapter, all provisions shall be:
1. Considered as minimum requirements;
2. Liberally construed in favor of the governing body; and
3. Deemed neither to limit nor repeal any other powers granted under state statutes.
F. 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, any officer or employee thereof, the state of California or the Federal Insurance Administration, Federal Emergency Management Agency, for any flood damages that result reliance on this chapter or any administrative decision lawfully made hereunder.
G. Severability. This chapter and the various parts thereof are declared to be severable. Should any section of this chapter be declared by the courts to be unconstitutional or invalid, such decision shall not affect the validity of this chapter as a whole, or any portion there of other than the section so declared to be unconstitutional or invalid. (Ord. 882 § 2 (part), 1998)
14.32.040 Administration.
A. Establishment of Development Permit. A development permit shall be obtained before construction or development begins within any area of special flood hazard established in subsection B of Section 14.32.030. Application for a development permit shall be made on forms furnished by the floodplain administrator and may include, but not be limited to: plans in duplicate drawn to scale showing the nature, location, dimensions, and elevation of the area in question; existing or proposed structures, fill, storage of materials, drainage facilities; and the location of the foregoing. Specifically the following information is required:
1. Proposed elevation in relation to mean sea level, of the lowest floor (including basement) of all structures;
2. Proposed elevation in relation to mean sea level to which any nonresidential structure will be flood proofed, if required in Section 14.32.050(A)(3)(c) of this chapter;
3. Certification by a California registered professional engineer or architect that the flood proofing methods for any nonresidential structure meet the flood proofing criteria in Section 14.32.050(A)(3)(b); and
4. Description of the extent to which any watercourse will be altered or relocated as a result of proposed development.
B. Designation of the Floodplain Administrator. The director of planning, inspections and permitting is appointed to administer and implement this chapter by granting or denying development permit applications in accordance with its provisions.
C. Duties and Responsibilities of the Floodplain Administrator. Duties of the floodplain administrator shall include, but not limited to:
1. Permit Review. Review all development permits to determine that:
a. The permit requirements of this chapter have been satisfied and that all other required state and federal permits have been obtained;
b. The site is reasonably safe from flooding;
c. The proposed development adversely affects the flood-carrying capacity of the areas where base flood elevations have been determined but a floodway has not been designated. For purposes of this chapter, “adversely affects” means the cumulative effect of the proposed development when combined with all other existing and anticipated development will increase the water surface elevation of the base flood more than 1 foot at any point.
2. Review and Use of Other Base Flood Data. When base flood elevation data has not been provided in accordance with Section 14.32.030(B), Basis for establishing the areas of special flood hazard, the floodplain administrator shall obtain, review, and reasonably utilize any base flood elevation data available from a federal, state or other source, in order to administer Section 14.32.050 of this chapter.
3. Notification of Other Agencies.
a. Alteration or Relocation of a Watercourse.
i. Notify adjacent communities and the California Department of Water Resources prior to alteration or relocation;
ii. Submit evidence of such notification to the Federal Emergency Management Agency; and
iii. Assure that the flood carrying capacity within the altered or relocated portion of said watercourse is maintained.
b. Base Flood Elevation Changes Due to Physical Alterations.
i. 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).
ii. All LOMRs 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 (CLOMRs). Approved CLOMRs 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. 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.
4. Documentation of Floodplain Development. Obtain and maintain for public inspection and make available as needed the following:
a. The certified elevation required in Section 14.32.050(A)(3)(a) (lowest floor elevations);
b. The flood proofing certification required in Section 14.32.050(A)(3)(b) (elevation or floodproofing);
c. The certified elevation required in Section 14.32.050(C)(3)(c) (wet floodproofing);
d. The certified elevation required in Section 14.32.050(C)(2) (subdivision standards);
e. The certified elevation required in Section 14.32.050(E)(1) (floodway encroachments).
5. Map Determination. Make interpretations where needed, as to the exact location of the boundaries of the areas of special flood hazard, for example, where there appears to be a conflict between a mapped boundary and the 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 14.32.060 of this chapter.
6. Remedial Action. Take action to remedy violations of this chapter as specified in Section 14.32.030(C) of this chapter.
D. Appeals. The planning commission of the city of Folsom, 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. Such appeal shall be filed within 10 calendar days of the decision rendered by the floodplain administrator. (Ord. 1296 § 2, 2019; Ord. 882 § 2 (part), 1998)
14.32.050 Provisions for flood hazard reduction.
A. Standards of Construction. In all areas of special flood hazards the following standards are required:
1. Anchoring.
a. All new construction and substantial improvements 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.
b. All manufactured homes shall meet the anchoring standards of Section 14.32.050(D).
2. Construction Materials and Methods. All new construction and substantial improvements shall be constructed:
a. With materials and utility equipment resistant to flood damage;
b. Using methods and practices that minimize flood damage;
c. With 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;
d. For all new construction and substantial improvements, fully enclosed areas below the lowest floor that are subject to flooding shall be designed to automatically equalize hydrostatic flood forces on exterior walls by allowing for the entry and exit to 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 2 openings having total net area of not less than 1 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 1 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.
3. Elevation and flood proofing. (See Section 14.32.020 definitions for “basement,” “lowest floor,” “new construction,” “substantial damage” and “substantial improvement.”)
a. Residential construction, new or substantial improvement, shall have the lowest floor, including basement, elevated at least 2 feet above the base flood elevation as determined by this community. Upon completion of the structure, the elevation of the lowest floor including basement shall be certified by a California registered professional engineer or land surveyor and verified by the chief building official for the city to be properly elevated. Such certification and verification shall be provided to the floodplain administrator.
b. Nonresidential construction, new or substantial improvements, shall either meet the standards in subsection (A)(3)(a) of this section or together with attendant utility and sanitary facilities:
i. Be floodproofed below the elevation recommended in subsection (A)(3)(a) of this section so that the structure is watertight with walls substantially impermeable to the passage of water;
ii. Have structural components capable of resisting hydrostatic and hydrodynamic loads and effects of buoyancy; and
iii. Be certified by a California registered professional engineer or architect that standards of this subsection (A)(3)(b) are satisfied. Such certification shall be provided to the floodplain administrator.
c. All new construction and substantial improvement with fully enclosed areas below the lowest flow (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 flood-water. Designs for meeting this requirement must meet or exceed the following minimum criteria:
i. Be certified by a California registered professional engineer or architect; or
ii. Have a minimum of 2 openings having a total net area of not less than 1 square inch for every square foot of enclosed area subject to flooding. The bottom of all openings shall be no higher than 1 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.
d. Manufactured homes shall meet the above standards and also the standards for manufactured home parks or subdivisions. (See subsection D of this section).
B. Standards For Utilities.
1. All new and replacement water supply and sanitary sewage systems shall be designed to minimize or eliminate infiltration of floodwaters into the system and discharge from systems into floodwaters;
2. On-site waste disposal systems shall be located to avoid impairment to them or contamination from them during flooding.
C. Standards For Subdivisions.
1. All preliminary subdivision proposals shall identify the flood hazard area and the elevation of the base flood.
2. All final subdivision plans will provide the elevation of proposed structure(s) and pad(s). If the site is filled above the base flood, the final pad elevation shall be certified by a California registered professional engineer or land surveyor and provided to the floodplain administrator.
3. All subdivision proposals shall be consistent with the need to minimize flood damage.
4. All subdivision proposals shall have public utilities and facilities such as sewer, gas, electrical, and water systems located and constructed to minimize flood damage.
5. All subdivisions shall provide adequate drainage to reduce exposure to flood damage.
D. Standards for Manufactured Homes.
1. All manufactured homes that are placed or substantially improved, within Zones A and A1-A30 on the community’s flood insurance rate maps, on sites located outside of a manufactured home park or subdivision, in a new manufactured home park or subdivision, in an expansion to an existing manufactured home park or subdivision or in an existing manufactured home park or subdivision on a site upon which a manufactured home has incurred “substantial damage” as a result of a flood, shall be elevated on a permanent foundation such that the lowest floor of the manufactured home is elevated 2 feet above the base flood elevation and securely fastened to an adequately anchored foundation system to resist flotation collapse and lateral movement.
2. All manufactured homes that are placed or substantially improved on sites in an existing manufactured home park or subdivision within Zones A or A1-A30 on the communities flood insurance rate maps that are not subject to provisions of Section 14.32.050(D)(1) will be securely fastened to an adequately anchored foundation system to resist flotation collapse, and lateral movement and be elevated so that either the lower floor of the manufactured home is 2 feet above the base flood elevation or the manufactured home chassis is supported by reinforced piers or other foundation elements of at least equivalent strength that are no less than 36 inches in height above grade.
E. Standards for Recreational Vehicles. All recreational vehicles placed on sites within Zones A or A1-30 on the communities flood insurance rate maps will either be on the site for fewer than 180 consecutive days, and 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 meets the permit requirements of Section 14.32.040 of this chapter and the elevation and anchoring requirements for manufactured homes in Section 14.32.050(D)(1) of this chapter.
F. Floodways. Located within areas of special flood hazard established in subsection B of Section 14.32.030 are areas designated as floodways. Since the floodway is an extremely hazardous area due to the velocity of floodwaters which carry debris, potential projectiles, and erosion potential, the following provisions apply:
1. Prohibit encroachments, including fill, new construction, substantial improvements, and other development unless certification by a registered professional engineer or architect is provided demonstrating that encroachments shall not result in any increase in flood levels during the occurrence of the base flood discharge;
2. If subsection (F)(1) of this section is satisfied, all new construction, substantial improvement and other proposed new development shall comply with all other applicable flood hazard reduction provisions of Section 14.32.050, Provisions for flood hazard reduction;
3. If no floodway is identified, then a setback of 20 feet from the bank(s) of the watercourse will be established, where encroachment will be prohibited. (Ord. 882 § 2 (part), 1998)
14.32.060 Variance procedures.
A. Nature of Variances. The variance criteria set forth in this chapter 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.
It is the duty of the planning commission for the city of Folsom, to protect its citizens from flooding. The need is so compelling and the implications of the cost of insuring a structure built at or below the base flood level are so serious that variances from the flood elevation or from other requirements in this chapter 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.
B. Appeal Board. In passing upon requests for variances, the planning commission for the city of Folsom shall consider all technical evaluations, all relevant factors, standards specified in other sections of this chapter, and the:
1. Danger that material 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. Availability of alternative locations for the proposed use which are not subject to flooding;
6. Compatibility of the proposed use with existing and anticipated development;
7. Relationship of the proposed use to the comprehensive plan and floodplain management program for that area;
8. Safety access to the property in time of flood for ordinary and emergency vehicles;
9. Expected heights, velocity, duration, rate of rise and sediment transport of the flood waters expected at the site; and
10. 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.
C. Granting of Variance. Any applicant to whom a variance is granted shall be given written notice over the signature of a community official that:
1. The issuance of a variance to construct a structure at or below the base flood level will result in increased premium rates for flood insurance up to amounts as high as $25 for $100 of insurance coverage; and
2. Such construction at or below the base flood level increases the 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 county recorder and shall be recorded in a manner so that it appears in the chain of title of the affected parcel of land.
D. Records. The floodplain administrator will maintain a record of all variances actions, including justification for their issuance, and report such variances issued in its biennial report submitted to the Federal Insurance Administration, Federal Emergency Management Agency.
E. Conditions for Variances.
1. Generally, variances may be issued for new construction, substantial improvement and other proposed new development to be erected on a lot of 1/2 acre or less in size contiguous to and surrounded by lots with existing structures constructed at or below the base flood level, providing that the procedures of Sections 14.32.040 and 14.32.050 of this chapter have been fully considered. As the lot size increases beyond 1/2 acre, the technical justification required for issuing the variance increases.
2. Variances may be issued for the repair or rehabilitation of “historic structures” (as defined in Section 14.32.020 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.
3. Variances shall not be issued within any mapped regulatory floodway if any increase in flood levels during the base flood discharge would result.
4. 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 planning commission 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 planning commission believes will both provide relief and preserve the integrity of this chapter.
5. Variances shall only be issued upon a:
a. Showing of good and sufficient cause;
b. Determination that failure to grant the variance would result in exceptional “hardship” (as defined in Section 14.32.030 of this chapter) to the applicant; and
c. Determine 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 (as defined in Section 14.32.020 of this chapter; see “Public safety and nuisance”), cause fraud or victimization (as defined in Section 14.32.020 of this chapter) of the public, or conflict with existing local laws or ordinances.
6. 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 Section 14.32.060(E)(1) through 14.32.060(E)(5) 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.
7. Upon consideration of the factors of Section 14.32.060(B) and the purposes of this chapter, the planning commission may attach such conditions to the granting of variances as it deems necessary to further the purposes of this chapter. (Ord. 882 § 2 (part), 1998)