Chapter 15.15
FLOOD DAMAGE PREVENTION
Sections:
15.15.010 Statutory authorization.
15.15.020 Findings of fact.
15.15.030 Statement of purpose.
15.15.040 Methods for reducing flood losses.
15.15.050 Definitions.
15.15.060 Lands to which this chapter applies.
15.15.070 Establishing the areas of special flood hazard and the regulatory floodway.
15.15.080 Compliance.
15.15.090 Abrogation and greater restrictions.
15.15.100 Interpretation.
15.15.110 Warning and disclaimer of liability.
15.15.120 Establishment of development permit.
15.15.130 Designation of the floodplain administrator.
15.15.140 Duties and responsibilities of the floodplain administrator.
15.15.150 Standards of construction.
15.15.160 Standards for utilities.
15.15.170 Standards for subdivisions.
15.15.180 Standards for manufactured homes.
15.15.190 Floodways.
15.15.200 Standards for recreational vehicles.
15.15.210 Variance procedure – Appeal board.
15.15.220 Conditions for variances.
15.15.010 Statutory authorization.
The legislature of the State of California has in Government Code sections 65302, 65560 and 65800 conferred upon local government units authority to adopt regulations designed to promote the public health, safety, and general welfare of its citizenry. (Ord. 605 § 1, 1987; 1991 code § 19-1)
15.15.020 Findings of fact.
A. The flood hazard areas of Pleasant Hill 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.
B. 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 floodproofed, elevated or otherwise protected from flood damage also contribute to the flood loss. (Ord. 605 § 2, 1987; 1991 code § 19-2)
15.15.030 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 and sewer lines, streets and bridges located in areas of special flood hazard;
F. To 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;
G. To ensure that potential buyers are notified that property is in an area of special flood hazard; and
H. To ensure that those who occupy the areas of special flood hazard assume responsibility for their actions. (Ord. 605 § 3, 1987; 1991 code § 19-3)
15.15.040 Methods for 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 flood heights or velocities;
B. Requiring the 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 floodplains, 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. (Ord. 605 § 4, 1987; 1991 code § 19-4)
15.15.050 Definitions.
As used in this chapter:
Appeal means a request for a review of the floodplain administrator’s interpretation of any of this chapter or a request for a variance.
Area of shallow flooding means AE and AH zones 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.
Base flood means the flood having a 1% chance of being equaled or exceeded in any given year (also called the 100-year flood).
Basement means any area of the building having its floor subgrade (below ground level) on all sides.
Breakaway walls means any type of walls, whether solid or lattice, and whether constructed of concrete, masonry, wood, metal, plastic or any other suitable building material which is not part of the structural support of the building and which is designed to break away under abnormally high tides or wave action without causing any damage to the structural integrity of the building on which they are used or any buildings to which they might be carried by flood waters. 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 a registered engineer or architect and shall meet the following conditions:
1. Breakaway wall collapse shall result from a water load less than that which would occur during the base flood; and
2. 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.
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.
Flood or flooding means a general and temporary condition of partial or complete inundation of normally dry land areas from (1) the overflow of flood waters, (2) the unusual and rapid accumulation or runoff of surface waters from any sources, and/or (3) the collapse or subsidence of land along the shore of a lake or other body of water as a result of erosion or undermining caused by waves or currents of water exceeding anticipated cyclical levels or suddenly caused by an unusually high water level in a natural body of water, accompanied by a severe storm, or by an unanticipated force of nature, such as flash flood or an abnormal tidal surge, or by some similarly unusual and unforeseeable event which results in flooding as defined in this definition.
Flood boundary and floodway map means the official map on which the Federal Emergency Management Agency or 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 Emergency Management Agency or Federal Insurance Administration has delineated both the areas of special flood hazards and the risk premium zones applicable to the community.
Flood insurance study means the official report provided by the Federal Insurance Administration that includes flood profiles, the FIRM, the flood boundary and 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 definition of “Flooding”).
Floodplain management means the operation of and overall program of corrective and preventive measures for reducing flood damage, including but not limited to emergency preparedness plans, flood control works and floodplain management regulations.
Floodplain management regulations means zoning ordinances, subdivision regulations, building codes, health regulations, special purpose ordinances (such as floodplain ordinance, grading ordinance and erosion control ordinance) and other applications of police power. The term describes such state and local regulations in any combination thereof which provide standards for the purpose of flood damage prevention and reduction.
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.
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.
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 a structure that is:
1. Listed individually in the National Register of Historic Places (a listing maintained by the Department of the Interior) or preliminarily determined by the Secretary of the Interior as meeting the requirements for individual listing on the National Register;
2. Certified or preliminarily determined by the Secretary of the Interior as contributing to the historical significance of a registered historic district or a district preliminarily determined by the Secretary to qualify as a registered historic district;
3. Individually listed on a state inventory of historic places in states with historic preservation programs which have been approved by the Secretary of the Interior; or
4. Individually listed on a local inventory of history 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 nonelevation design requirements of this chapter.
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. For floodplain management purposes the term “manufactured home” also includes park trailers, travel trailers and other similar vehicles placed on a site for greater than 180 consecutive days.
Manufactured home park or subdivision means a parcel (or contiguous parcels) of land divided into two or more manufactured home lots for sale or rent.
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 September 19, 1983.
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).
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 September 19, 1983.
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.
New construction means, for floodplain management purposes, structures for which the start of construction commenced on or after the effective date of a floodplain management regulation adopted by this community.
One-hundred-year flood or 100-year flood means a flood which has a 1% annual probability of being equaled or exceeded. It is identical to the base flood, which will be the term used throughout this chapter.
Person means an individual or his or her agent, firm, partnership, association or corporation, or agent of the aforementioned groups, or this state or its agencies or political subdivisions.
Recreational vehicle means a vehicle which is: (1) built on a single chassis; (2) 400 square feet or less when measured at the largest horizontal projection; (3) designed to be self-propelled or permanently towable by a light-duty truck; and (4) designed primarily not for use as a permanent dwelling but as a temporary living quarters for recreational, camping, travel or seasonal use.
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 this chapter or otherwise deterring future similar violations, or reducing 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.
Special flood hazard area (SFHA) means an area having special flood or flood-related erosion hazards, and shown on an FHBM or FIRM as Zone A, AO, AE, A99 or AH.
Start of construction means and includes substantial improvement, 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 a 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.
Structure means a walled and roofed building, including a gas or liquid storage tank, that is principally above ground, as well as 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 50% 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% of the market value of the structure either:
1. Before the improvement or repair is started; or
2. 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. The term does not, however, include either:
1. Any project for improvement of a structure to comply with existing state or local health, sanitary, or safety code specifications which are solely necessary to assure safe living conditions; or
2. Any alteration of a structure listed on the National Register of Historic Places or a State Inventory of Historic Places.
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 the community’s floodplain management regulations. 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. (Ord. 863 § 1, 2012; Ord. 780 § 1, 2003; Ord. 605 § 5, 1987; 1991 code § 19-5)
15.15.060 Lands to which this chapter applies.
This chapter shall apply to all areas of special flood hazards within the jurisdiction of the City of Pleasant Hill. (Ord. 605 § 6, 1987; 1991 code § 19-6.1)
15.15.070 Establishing the areas of special flood hazard and the regulatory floodway.
The areas of special flood hazard identified by the Federal Emergency Management Agency or the Federal Insurance Administration in a scientific and engineering report entitled “Flood Insurance Study for Pleasant Hill” dated December 2, 2003, with an accompanying flood insurance rate map and any subsequent revision (such as a digital conversion) is hereby adopted by reference and declared to be a part 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 council by the floodplain administrator. The regulatory floodway as designated in the flood insurance rate map dated March 21, 2017, and any subsequent revision (such as a digital conversion) shall be considered the city’s regulatory floodway. The study and maps are on file in the engineering division in City Hall, located at 100 Gregory Lane. (Ord. 911 § 1, 2017; Ord. 840 § 1, 2009; Ord. 780 § 2, 2003; Ord. 605 § 6, 1987; 1991 code § 19-6.2)
15.15.080 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. Violations of the provisions of this chapter by failure to comply with any of its requirements (including violations of conditions and safeguards established in connection with conditions) shall constitute a misdemeanor under PHMC Chapter 1.30. Nothing herein shall prevent the city council from taking such lawful action as is necessary to prevent or remedy any violation. (Ord. 605 § 6, 1987; 1991 code § 19-6.3)
15.15.090 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. (Ord. 605 § 6, 1987; 1991 code § 19-6.4)
15.15.100 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 governing body; and
C. Deemed neither to limit nor repeal any other powers granted under state statutes. (Ord. 605 § 6, 1987; 1991 code § 19-6.5)
15.15.110 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 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 Pleasant Hill, any officer or employee thereof, or the Federal Insurance Administration, for any flood damage that results from reliance on this chapter or any administrative decision lawfully made thereunder. (Ord. 605 § 6, 1987; 1991 code § 19-6.6)
15.15.120 Establishment of development permit.
A development permit shall be obtained before construction or development begins within any area of special flood hazards, established in PHMC § 15.15.070. 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 and 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 AE and AO, elevation of highest adjacent grade and proposed elevation of lowest floor of all surfaces;
B. Proposed elevation in relation to mean sea level to which any structure will be floodproofed;
C. All appropriate certifications listed in PHMC § 15.15.140.D; and
D. Description of the extent to which any watercourse will be altered or relocated as a result of proposed development. (Ord. 780 § 3, 2003; Ord. 605 § 7, 1987; 1991 code § 19-7.1)
15.15.130 Designation of the floodplain administrator.
The city manager or his/her designee is hereby appointed to administer and implement this chapter by granting or denying development permits in accordance with its provisions. (Ord. 759 § 1, 2001; Ord. 605 § 7, 1987; 1991 code § 19-7.2)
15.15.140 Duties and responsibilities of the floodplain administrator.
The duties and responsibilities of the floodplain administrator shall include, but not be limited to:
A. Permit review.
1. Review all development permits to determine that the permit requirements of this chapter have been satisfied.
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 the floodway. 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.
B. Use of other base flood data. When base flood elevation data has not been provided in accordance with PHMC § 15.15.070, the floodplain administrator shall obtain, review, and reasonably utilize any base flood elevation and floodway data available from a federal, state or other source, in order to administer PHMC §§ 15.15.150 through 15.15.200. Any such information shall be submitted to the city of Pleasant Hill for adoption.
C. Whenever a watercourse is to be altered or relocated.
1. Notify adjacent communities and the California Department of Water Resources prior to such alteration or relocation of a watercourse, and submit evidence of such notification to the Federal Insurance Administration;
2. Require that the flood-carrying capacity of the altered or relocated portion of said watercourse is maintained.
D. Base flood elevation changes due to physical alterations.
1. 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).
2. 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.
E. Obtain and maintain for public inspection and make available as needed:
1. The certification required in PHMC § 15.15.150.C (floor elevations);
2. The certification required in PHMC § 15.15.150.C.2 (elevations in areas of shallow flooding);
3. The certification required in PHMC § 15.15.150.C.3 (elevation or floodproofing of nonresidential structures);
4. The certification required in PHMC § 15.15.150.C.4.a or b (wet floodproofing standards);
5. The certified elevation required in PHMC § 15.15.170.B (subdivision standards);
6. The certification required in PHMC § 15.15.190.A (floodway encroachments).
F. 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 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 PHMC § 15.15.210.
G. Take action to remedy violations of this chapter as specified in PHMC § 15.15.080. (Ord. 863 § 2, 2012; Ord. 605 § 7, 1987; 1991 code § 19-7.3)
15.15.150 Standards of construction.
In all areas of special flood hazards the following standards are required:
A. Anchoring.
1. All new construction and substantial improvements shall be anchored to prevent flotation, collapse or lateral movement of the structure resulting from hydrodynamic and hydrostatic loads, including the effects of buoyancy.
2. All manufactured homes shall meet the anchoring standards of PHMC § 15.15.180.
B. Construction materials and methods.
1. All new construction and substantial improvements shall be constructed with materials and utility equipment resistant to flood damage.
2. All new construction and substantial improvements shall be constructed using methods and practices that minimize flood damage.
3. All new construction and substantial improvements shall be constructed 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.
4. Require within Zone AH adequate drainage paths around structures on slopes to guide flood waters around and away from proposed structures.
C. Elevation and floodproofing.
1. New construction and substantial improvement of any structure shall have the lowest floor, including basement, elevated to or above the base flood elevation. Nonresidential structures may meet the standards in subsection C.3 of this section. Upon completion of the structure, the elevation of the lowest floor including basement shall be certified by a registered professional engineer or surveyor, or verified by the chief building official to be properly elevated. Such certification or verification shall be provided to the floodplain administrator.
2. New construction and substantial improvement of any structure in Zone AH or AE shall have the lowest floor, including basement, elevated above the highest adjacent grade at least as high as the depth number specified in feet on the FIRM, or at least two feet if no depth number is specified. Nonresidential structures may meet the standards in subsection C.3 of this section. Upon the completion of the structure, the elevation of the lowest floor, including basement, shall be certified by a registered professional engineer or surveyor, or verified by the chief building official to be properly elevated. Such certification or verification shall be provided to the floodplain administrator.
3. Nonresidential construction shall either be elevated in conformation with subsection C.1 or 2 of this section or together with attendant utility and sanitary facilities:
a. Be floodproofed so that below the base flood level the structure is watertight with walls substantially impermeable to the passage of water;
b. Have structural components capable of resisting hydrostatic and hydrodynamic loads and effects of buoyancy; and
c. Be certified by a registered professional engineer or architect that the standards of this subsection are satisfied. Such certifications shall be provided to the floodplain administrator.
4. Require, for all new construction and substantial improvements, that 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 of floodwaters. Designs for meeting this requirement must either be certified by a registered professional engineer or architect or meet or exceed the following criteria:
a. Either a minimum of two openings 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, valves or other coverings or devices; provided, that they permit the automatic entry and exit of floodwaters; or
b. Be certified to comply with a local floodproofing standard approved by the Federal Insurance Administration.
5. Manufactured homes shall also meet the standards in PHMC § 15.15.180. (Ord. 780 § 4, 2003; Ord. 605 § 8, 1987; 1991 code § 19-8.1)
15.15.160 Standards for utilities.
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. (Ord. 605 § 8, 1987; 1991 code § 19-8.2)
15.15.170 Standards for subdivisions.
A. All preliminary subdivision proposals shall identify the flood hazard area and the elevation of the base flood.
B. All final subdivision plans shall provide the elevation of proposed structure(s) 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 floodplain administrator.
C. All subdivision proposals shall be consistent with the need to minimize flood damage.
D. All subdivision proposals shall have public utilities and facilities such as sewer, gas, electrical and water systems located and constructed to minimize flood damage.
E. All subdivisions shall provide adequate drainage to reduce exposure to flood hazards. (Ord. 605 § 8, 1987; 1991 code § 19-8.3)
15.15.180 Standards for manufactured homes.
All new and replacement manufactured homes shall:
A. Be elevated so that the lowest floor is at or above the base flood elevation; and
B. Be securely anchored to a permanent foundation system to resist flotation, collapse or lateral movement. (Ord. 605 § 8, 1987; 1991 code § 19-8.4)
15.15.190 Floodways.
Located within areas of special flood hazard established in PHMC § 15.15.070 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. 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.
B. If subsection A of this section is satisfied, all new construction and substantial improvements shall comply with all other applicable flood hazard reduction provisions in PHMC § 15.15.150 through § 15.15.200.
C. An encroachment into the regulatory floodway that results in an increase in base flood elevations may be permitted as long as the city applies for a conditional FIRM and floodway revision, fulfills the requirements for such revisions and receives the approval of the Federal Insurance Administrator.
D. Certain developments in Zones A1-30, AE and AH on the FIRM that result in increasing the water surface elevation of the base flood by more than one foot may be permitted as long as the city applies for a conditional FIRM and floodway revision, fulfills the requirements for such revisions and receives the approval of the Federal Insurance Administrator. (Ord. 780 § 5, 2003; Ord. 605 § 8, 1987; 1991 code § 19-8.5)
15.15.200 Standards for recreational vehicles.
Recreational vehicles placed on sites within Zones A1-30, AH and AE shall (A) be on the site for fewer than 180 consecutive days, (B) be fully licensed and ready for highway use, or (C) meet the permit requirements of PHMC § 15.15.120 and the elevation and anchoring requirements for manufactured homes in PHMC § 15.15.180. For purposes of this section, 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. (Ord. 780 § 6, 2003; 1991 code § 19-8.6)
15.15.210 Variance procedure – Appeal board.
A. The city council of the City of Pleasant Hill shall hear and decide appeals and requests for variances from the requirements of this chapter.
B. The city council 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 of this chapter.
C. In passing upon such applications, the city council shall consider all technical evaluations, all relevant factors, standards specified in other sections of this chapter; and:
1. The danger that materials may be swept onto other lands to the injury of others;
2. The danger of life and property due to flooding or erosion damage;
3. The susceptibility of the proposed facility and its contents to flood damage and the effect of such damage on the individual owner;
4. The importance of the services provided by the proposed facility to the community;
5. The necessity to the facility of a waterfront location, where applicable;
6. The availability of alternative locations for the proposed use which are not subject to flooding or erosion damage;
7. The compatibility of the proposed use with existing and anticipated development;
8. The relationship of the proposed use to the comprehensive plan and floodplain management program for that area;
9. The safety of access to the property in time of flood for ordinary and emergency vehicles;
10. The expected heights, velocity, duration, rate of rise, and sediment transport of the flood waters expected at the site; and
11. The 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.
D. Generally, variances may be issued for new construction and substantial improvements 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 items in subsection C of this section have been fully considered. As the lot size increases beyond one-half acre, the technical justification required for issuing the variance increases.
E. Upon consideration of the factors of subsection C of this section and the purposes of this chapter, the city council may attach such conditions to the granting of variances as it deems necessary to further the purposes of this chapter.
F. The floodplain administrator shall maintain the records of all appeal actions and report any variances to the Federal Insurance Administration upon request. (Ord. 605 § 9, 1987; 1991 code § 19-9.1)
15.15.220 Conditions for variances.
A. Variances may be issued for the reconstruction, rehabilitation or restoration of structures listed in the National Register of Historic Places or the State Inventory of Historic Places, without regard to the procedures set forth in the remainder of this section.
B. Variances shall not be issued within any designated floodway if any increase in flood levels during the base flood discharge would result.
C. Variances shall only be issued upon a determination that the variance is the minimum necessary, considering the flood hazard, to afford relief.
D. Variances shall only be issued upon:
1. A showing of good and sufficient cause;
2. A determination that failure to grant the variance would result in exceptional hardship to the applicant; and
3. A determination that the granting of a variance will not result in increased flood heights, additional threats to public safety, extraordinary public expense, create nuisances, cause fraud on or victimization of the public, or conflict with existing local laws or ordinances.
E. Variances may be issued for new construction and substantial improvements and for other development necessary for the conduct of a functionally dependent use; provided, that the provisions of subsections A through D of this section are satisfied and that the structure or other development is protected by methods that minimize flood damages during the base flood and create no additional threats to public safety.
F. Any applicant to whom a variance is granted shall be given written notice that the structure will be permitted to be built with a lowest floor elevation below the regulatory flood elevation and that the cost of flood insurance will be commensurate with the increased risk resulting from the reduced lowest floor elevation. A copy of the notice shall be recorded by the floodplain board in the office of the Contra Costa County recorder and shall be recorded in a manner so that it appears in the chain of title of the affected parcel of land. (Ord. 605 § 9, 1987; 1991 code § 19-9.2)