Chapter 12-1 FLOOD HAZARD PREVENTION

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. Therefore, the City Council of the City of San Juan Bautista does hereby adopt the following floodplain management regulations.

12-1-040 Findings of fact.

(A) The flood hazard areas of San Juan Bautista 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 uses that are inadequately elevated, floodproofed, or protected from flood damage. The cumulative effect of obstructions in areas of special flood hazards which increase flood heights and velocities also contribute to the flood loss.

12-1-060 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 designed to:

(A) Protect human life and health;

(B) Minimize expenditure of public money for costly flood control projects;

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

(D) Minimize prolonged business interruptions;

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

(F) Help maintain a stable tax base by providing for the sound use and development of areas of special flood hazard so as to minimize future blighted areas caused by flood damage;

(G) Ensure that potential buyers are notified that property is in an area of special flood hazard; and

(H) Ensure that those who occupy the areas of special flood hazard assume responsibility for their actions.

12-1-080 Methods of reducing flood losses.

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

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

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

(C) Control the alteration of natural floodplains, stream channels, and natural protective barriers, which help accommodate or channel floodwaters;

(D) Control filling, grading, dredging, and other development which may increase flood damage; and

(E) Prevent or regulate the construction of flood barriers which will unnaturally divert floodwaters or which may increase flood hazards in other areas.

Article 1. Definitions

12-1-100 Definitions.

Unless specifically defined below, words or phrases used in this Chapter shall be interpreted so as to give them the meaning they have in common usage and to give this Chapter its most reasonable application.

“Accessory use” means a use which is incidental and subordinate to the principal use of the parcel of land on which it is located.

“Alluvial fan” means a geomorphologic feature characterized by a cone or fan-shaped deposit of boulders, gravel, and fine sediments that have been eroded from mountain slopes, transported by flood flows, and then deposited on the valley floors, and which is subject to flash flooding, high velocity flows, debris flows, erosion, sediment movement and deposition, and channel migration.

“Annual high water mark” means the level reached by a watercourse at least once each year; for practical purposes it is usually the top of the streambank.

“Apex” means the 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 Title.

“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 foot (1′) to three feet (3′); a clearly defined channel does not exist; the path of flooding is unpredictable and indeterminate; and velocity flow may be evident. Such flooding is characterized by ponding or sheet flow.

Area of Special Flood Hazard. See “Special flood hazard area.”

“Area of special mudslide (i.e., mudflow) hazard” is the area subject to severe mudslides (i.e., mudflows). The area is designated as Zone M on the Flood Insurance Rate Map (FIRM).

“Base flood” means a flood which has a one percent (1%) chance of being equalled or exceeded in any given year (also called the “one hundred (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 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 floodwaters. A breakaway wall shall have a safe design loading resistance of not less than ten (10) and no more than twenty (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.

Building. See “Structure.”

“Development” means any manmade change to improved or unimproved real estate, including but not limited to buildings or other structures, mining, dredging, filling, grading, paving, excavation or drilling operations or storage of equipment or materials.

“Encroachment” means the advance or infringement or 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 the floodplain management regulations adopted by the community.

“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).

“Fill” is the placement of fill material at a specified location to bring the ground surface up to a desired elevation.

“Fill material” can be natural sand, dirt, soil or rock.

“Flood, flooding, or floodwater” means a general and temporary condition of partial or complete inundation of normally dry land areas from the overflow of inland or tidal waters, the unusual and rapid accumulation or runoff of surface waters from any source; and/or mudslides (i.e., mudflows) – see “Mudslide.”

“Flood boundary and floodway map (FBFM)” means the official map on which the Federal Emergency Management Agency or Federal Insurance Administration has delineated both the areas of special flood hazards and the floodway.

“Flood elevation determination” means a determination by the Administrator of the water surface elevations of the base flood, that is, the flood level that has a one percent (1%) or greater chance of occurrence in any given year.

“Flood elevation study” means an examination, evaluation and determination of flood hazards and, if appropriate, corresponding water surface elevations, or an examination, evaluation and determination of mudslide (i.e., mudflow) and/or flood-related erosion hazards.

“Flood Hazard Boundary Map (FHBM)” 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 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 flood insurance rate map, 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 “Flooding.”

“Floodplain Administrator” is the individual appointed to administer and enforce the floodplain management regulations.

“Floodplain management” means the operation of an overall program of corrective and preventive measures for reducing flood damage and preserving and enhancing, where possible, natural resources in the floodplain, including but not limited to emergency preparedness plans, flood control works, floodplain management regulations, and open space plans.

“Floodplain management regulations” means this Chapter and other zoning chapters, subdivision regulations, building codes, health regulations, special purpose chapters (such as grading and erosion control) and other applications of the 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.

“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 (1′). Also referred to as “regulatory floodway.”

“Floodway encroachment lines” means the lines marking the limits of floodways on federal, state and local floodplain maps.

“Floodway fringe” is the area of a floodplain on either side of the “regulatory floodway” where encroachment may be permitted.

“Fraud and victimization,” as related to Article 5 of this Chapter concerning variances, means that the variance granted must not cause fraud on or victimization of the public. In examining this requirement, City officials, Planning Commissioner’s and Council members will consider the fact that every newly constructed building adds to government responsibilities and remains a part of the community for fifty (50) to one hundred (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 local governing unit, i.e., county or municipality, that is empowered to adopt and implement regulations to provide for the public health, safety and general welfare of its citizenry.

“Hardship,” as related to Article 5 of this Chapter concerning variances, means the exceptional hardship that would result from a failure to grant the requested variance. Mere economic or financial hardship alone is not exceptional. Inconvenience, aesthetic considerations, physical handicaps, personal preferences, or the disapproval of one’s neighbors likewise cannot, generally, qualify as exceptional hardships.

“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 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:

(1) By an approved state program as determined by the Secretary of the Interior; or

(2) Directly by the Secretary of the Interior in states with approved programs.

“Levee” means a manmade structure, usually an earthen embankment, designed and constructed in accordance with sound engineering practices to contain, control or divert the flow of water so as to provide protection from temporary flooding.

“Levee system” means a flood protection system which consists of a levee, or levees, and associated structures, such as closure and drainage devices, which are constructed and operated in accord with sound engineering practices.

“Lowest floor” means the lowest floor of the lowest enclosed area, including basement.

(1) An unfinished or flood-resistant enclosure below the lowest floor that is usable solely for parking of vehicles, building access or storage in an area other than a basement area is not considered a building’s lowest floor; provided it conforms to applicable nonelevation design requirements including, but not limited to:

(a) The wet floodproofing standard in SJBMC 12-1-400(C)(3);

(b) The anchoring standards in SJBMC 12-1-400(A);

(2) For residential structures, all subgrade enclosed areas are prohibited as they are considered to be basements. This prohibition includes below-grade garages and storage areas. This definition allows attached garages to be built at grade.

“Manufactured home” means a structure, transportable in one or more sections, which is built on a permanent chassis and is designed for use with or without a permanent foundation when attached to the required utilities. The term “manufactured home” does not include a “recreational vehicle.”

“Manufactured home park or subdivision” means a parcel (or contiguous parcels) of land divided into two (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.

“Minimum necessary,” as related to Article 5 of this chapter concerning variances, means the minimum necessary to afford relief to the applicant of a variance with a minimum deviation from the requirements of this Chapter. 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, for example, or even to whatever elevation the applicant proposes, but only that level that the Commission believes will both provide relief and preserve the integrity of this Chapter.

“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 unusually 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,” for floodplain management purposes, means structures for which the “start of construction” commenced on or after the effective date of a floodplain management regulation adopted by a community 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 floodplain management regulations adopted by this community.

“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 (100) Year Flood – 100-Year Flood. See “Base flood.”

“Principal structure” means a structure used for the principal use of the property as distinguished from an accessory use.

“Public safety nuisances,” as related to Article 5 of this Chapter concerning variances, means that the granting of a variance must not result in anything which is injurious to safety or health of an entire community or neighborhood, or any considerable number of persons, or unlawfully obstructs the free passage or use, in the customary manner, of any navigable lake, or river, bay, stream, canal, or basin.

“Recreational vehicle” means a vehicle which is:

(1) Built on a single chassis;

(2) Four hundred (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 temporary living quarters for recreational, camping, travel, or seasonal use.

“Regulatory floodway” means the channel of a river or other watercourse and the adjacent land areas that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation more than one foot (1′).

“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 state or federal financial exposure with regard to the structure or other development.

“Riverine” means relating to, formed by, or resembling a river (including tributaries), stream, brook, etc.

Sheet Flow Area. See “Area of shallow flooding.”

“Special flood hazard area (SFHA)” means an area having special flood or flood-related erosion hazards, and shown on an FHBM or FIRM as Zone A, AO, A1-A30, AE, A99, AH, V1-V30, VE or V.

“Start of construction” includes substantial improvement and other proposed new development and means the date the building permit was issued, provided the actual start of construction, repair, reconstruction, rehabilitation, addition, placement, or other improvement was within one hundred eighty (180) days from the date of the permit. The actual start means either the first placement of permanent construction of a structure on a site, such as the pouring of slab or footings, the installation of piles, the construction of columns, or any work beyond the stage of excavation; or the placement of a manufactured home on a foundation. Permanent construction does not include land preparation, such as clearing, grading and filling; nor does it include the installation of streets and/or walkways; nor does it include excavation for a basement, footings, piers, or foundations or the erection of temporary forms; nor does it include the installation on the property of accessory buildings, such as garages or sheds not occupied as dwelling units or not part of the main structure. For a substantial improvement the actual start of construction means the first alteration of any wall, ceiling, floor, or other structural part of a building, whether or not that alteration affects the external dimensions of the building.

“Structure” means a walled and roofed building, 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 fifty percent (50%) of the market value of the structure before the damage occurred.

“Substantial improvement” means any reconstruction, rehabilitation, addition, or other proposed new development of a structure, the cost of which equals or exceeds fifty percent (50%) 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:

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

(2) Any alteration 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 ordinance 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 topographic feature on or over which waters flow at least periodically. Watercourse includes specifically designated areas in which substantial flood damage may occur.

Article 2. General Provisions

12-1-200 Lands to which this Chapter applies.

This Chapter shall apply to all areas of special flood hazards within the jurisdiction of San Juan Bautista.

12-1-205 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) in the Flood Insurance Study (FIS) dated September 27, 1991, and the accompanying Flood Insurance Rate Maps (FIRM) and Flood Boundary and Floodway Maps, dated September 27, 1991, and all subsequent amendments and/or revisions, are hereby adopted by reference and declared to be a part of this Chapter. This Flood Insurance Study (FIS) and attendant mapping is the minimum area of applicability of this Chapter and may be supplemented by studies for other areas which allow implementation of this Chapter and which are recommended to the City of San Juan Bautista by the Floodplain Administrator. The study, FIRMs and FBFMs are on file at the City Hall of San Juan Bautista.

12-1-210 Compliance.

No structure or land shall hereafter be constructed, located, extended, converted, or altered without full compliance with the terms of this Chapter and other applicable regulations. Violation of the requirements (including violations of conditions and safeguards established in connection with conditions) shall, at the City’s discretion, constitute an infraction or misdemeanor pursuant to the California Penal Code. Nothing herein shall prevent the City of San Juan Bautista from taking such lawful action as is necessary to prevent or remedy any violation.

Any person filling, grading, or constructing within a designated flood hazard area shall obtain all necessary permits prior to commencement of these activities. If a landowner or other individual places fill or structures within a designated floodway or flood hazard area without proper permits, the City shall issue a notice of violation to remove said fill or structures. If fill and/or structures are not removed within the time limit given by the City the City shall begin abatement procedures to remove said nuisance. The landowner will be charged for the cost of abatement.

12-1-215 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 Chapter, easement, covenant, or deed restriction conflict or overlap, whichever imposes the more stringent restrictions shall prevail.

12-1-220 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

12-1-225 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 San Juan Bautista, any officer or employee thereof, the State of California, or the Federal Insurance Administration, Federal Emergency Management Agency, for any flood damages that result from reliance on this Chapter or any administrative decision lawfully made thereunder.

12-1-230 Severability.

This Chapter and the various parts thereof are hereby 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 the Chapter as a whole, or any portion thereof other than the section so declared to be unconstitutional or invalid.

Article 3. Administration

12-1-300 Establishment of development permit.

A development permit shall be obtained before any grading, filling, construction or other development begins within any area of special flood hazard established in SJBMC 12-1-205. Application for a development permit shall be made on forms furnished by the Floodplain Administrator and shall 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, amount and type of 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 AO elevation of highest adjacent grade and proposed elevation of lowest floor of all structures; or

(B) Proposed elevation in relation to mean sea level to which any structure will be floodproofed, if required in SJBMC 12-1-400(C); and

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

(E) A discussion of the project’s consistency with the General Plan goals and policies regarding development within a flood hazard area.

The Floodplain Administrator, and on appeal, the Planning Commission and City Council, may attach conditions to any development permit issued hereunder so long as said conditions are reasonably related to the protection of the public, health, safety and welfare and are necessary to mitigate impacts of the development.

12-1-305 Designation of the Floodplain Administrator.

The City Manager is hereby appointed to be the Floodplain Administrator, and shall administer, implement and enforce this Chapter by granting or denying development permits in accord with its provisions. Prior to granting or denying any development permit the Floodplain Administrator shall consult with and receive a written recommendation from the City Engineer and Planning Director concerning whether the permit should be granted or denied. This recommendation shall include any conditions which should be attached to the granting of the permit.

12-1-310 Duties and responsibilities of the Floodplain Administrator.

The duties and responsibilities of the Floodplain Administrator in conjunction with the City Engineer shall include, but not be limited to the following:

(A) Permit Review. Review in consultation with the City Engineer all development permits to determine that:

(1) 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 areas 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 increase the water surface elevation of the base flood more than one foot (1′) at any point;

(5) The proposed development will not create damage from flooding to any adjoining lands or structures;

(6) The proposed project is consistent with General Plan goals and policies concerning development in flood hazard areas; and

(7) Conditions have been imposed upon the development permit that adequately mitigate all impacts of the development upon the public health, safety and welfare.

(B) Review and Use of Any Other Base Flood Data. When base flood elevation data has not been provided in accordance with SJBMC 12-1-205, the Floodplain Administrator in consultation with the City Engineer shall obtain, review, and reasonably utilize any base flood elevation and floodway data available from a federal or state agency, or other source, in order to administer Article 4 of this Chapter. Any such information shall be submitted to the Planning Commission and City Council for adoption.

(C) Notification of Other Agencies. In the case of any disturbance, alteration or relocation of a watercourse by the City:

(1) Notify adjacent communities and the California Department of Water Resources and Department of Fish and Game prior to disturbance, alternation, or relocation of a watercourse;

(2) Obtain all necessary permits from state and federal agencies required for alteration or relocation of a watercourse;

(3) Submit evidence of such notification to the Federal Insurance Administration, Federal Emergency Management Agency; and

(4) Assure that the flood-carrying capacity within the altered or relocated portion of said watercourse is maintained.

(D) Documentation of Floodplain Development. Obtain and maintain for public inspection and make available as needed the following:

(1) Certification required by SJBMC 12-1-400(C)(1) (lowest floor elevations);

(2) Certification required by SJBMC 12-1-400(C)(3) (elevation or floodproofing of nonresidential structures);

(3) Certification required by SJBMC 12-1-400(C)(3) (wet floodproofing standard);

(4) Certification of elevation required by SJBMC 12-1-410(B) (subdivision standards);

(5) Certification required by SJBMC 12-1-425(A) (floodway encroachments);

(6) The reports required by SJBMC 12-1-430(D) (mudflow standards).

(E) Map Determinations. 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 actual field conditions. The person contesting the location of the boundary shall be given a reasonable opportunity to appeal the interpretation as provided in Article 5 of this Chapter.

(F) Remedial Action. Take action to remedy violations of this Chapter as specified in SJBMC 12-1-210.

Article 4. Provisions for Flood
Hazard Reduction

12-1-400 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 adequately 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 SJBMC 12-1-415.

(B) Construction Materials and Methods. All new construction and substantial improvement shall be constructed as follows:

(1) With materials and utility equipment resistant to flood damage;

(2) Using methods and practices that minimize flood damage;

(3) With electrical, heating, ventilation, plumbing and air conditioning equipment and other service facilities that are designed and/or located so as to prevent water from entering or accumulating within the components during conditions of flooding; and

(4) Within Zones AH or AO, so that there are adequate drainage paths around structures on slopes to guide floodwaters around and away from proposed or existing structures.

(1) Residential construction, new or substantial improvement, shall have the lowest floor, including basement, as follows:

(a) In an AO zone, elevated above the highest adjacent grade to a height equal to or exceeding the depth number specified in feet on the FIRM, or elevated at least two feet (2′) above the highest adjacent grade if no depth number is specified. (The State of California recommends that the lowest floor be elevated above the highest adjacent grade to a height exceeding the depth number specified in feet on the FIRM by at least one foot (1′), or elevated at least three feet (3′) above the highest adjacent grade if no depth number is specified.)

(b) In an A Zone, elevated to or above the base flood elevation, as determined by the Floodplain Administrator based on an engineering study done to determine the height of a base flood elevation for the property in question.

Upon the 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 community building inspector to be properly elevated. Such certification or verification shall be provided to the Floodplain Administrator.

(2) Nonresidential construction shall either be elevated to conform with SJBMC 12-1-400(C)(1) or, together with attendant utility and sanitary facilities, as follows:

(a) Be floodproofed below the elevation recommended under SJBMC 12-1-400(C)(1) so that 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.

(3) All new construction and substantial improvement with fully enclosed areas below the lowest floor (excluding basements) that are usable solely for parking of vehicles, building access or storage, and which are subject to flooding, shall be designed to automatically equalize hydrostatic flood forces on exterior walls by allowing for the entry and exit of floodwater. Designs for meeting this requirement must exceed the following minimum criteria:

(a) Be certified by a registered professional engineer or architect; or

(b) Be certified to comply with a local floodproofing standard approved by the Federal Insurance Administration, Federal Emergency Management Agency; or

(c) Have a minimum of two (2) openings having a total net area of not less than one (1) square inch for every square foot of enclosed area subject to flooding. The bottom of all openings shall be no higher than one foot (1′) 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.

(4) Manufactured homes shall also meet the standards in SJBMC 12-1-415.

12-1-405 Standards for utilities.

(A) All new and replacement water supply and sanitary sewage systems shall be designed to minimize or eliminate:

(1) Infiltration of floodwaters into the systems; and

(2) Discharge from systems into floodwaters.

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

12-1-410 Standards for subdivisions.

(A) All preliminary subdivision proposals shall identify the flood hazard area and the elevation of the base flood.

(B) All subdivision plans will provide the elevation of proposed structure(s) and pad(s). If the site is filled above the base flood elevation, the lowest floor and pad elevations shall be certified by a registered professional engineer or surveyor and provided to the Floodplain Administrator.

(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.

12-1-415 Standards for manufactured homes.

(A) All manufactured homes that are placed or substantially improved within Zones A1-30, AH, and AE on the community’s Flood Insurance Rate Map on sites located outside of a manufactured home park or subdivision, or in a new manufactured home park or subdivision, or 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 the result of a flood, shall be elevated on a permanent foundation such that the lowest floor of the manufactured home is elevated to or above the base flood elevation and be securely anchored to an adequately anchored foundation system to resist flotation collapse and lateral movement.

(B) All manufactured homes to be placed or substantially improved on sites in an existing manufactured home park or subdivision within Zones A1-30, AH, and AE on the community’s Flood Insurance Rate Map that are not subject to the provisions of subsection (A) of this Section will be elevated so that either:

(1) The lowest floor of the manufactured home is at or above the base flood elevation; or

(2) The manufactured home chassis is supported by reinforced piers or other foundation elements of at least equivalent strength that are no less than thirty-six inches (36″) in height above grade and is securely anchored to an adequately anchored foundation system to resist flotation, collapse, and lateral movement.

12-1-420 Standards for recreational vehicles.

All recreational vehicles placed on sites within Zones A1-30, AH, and AE on the community’s Flood Insurance Rate Map must either:

(A) Be on the site for fewer than one hundred eighty (180) consecutive days;

(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 addition; or

(C) Meet the permit requirements of Article 3 of this Chapter and the elevation and anchoring requirements for manufactured homes in SJBMC 12-1-415(A).

12-1-425 Floodways.

Located within areas of special flood hazard established in SJBMC 12-1-205 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:

(A) All encroachments, including fill, new construction, substantial improvement, and other new development is prohibited in a floodway unless certification by a registered professional engineer or architect is provided demonstrating that encroachments shall not result in any increase in the base flood elevations during the occurrence of the base flood discharge.

(B) If subsection (A) of this Section is satisfied, all new construction, substantial improvement and other proposed new development in a floodway shall comply with all other applicable flood hazard reduction provisions of Article 4 of this Chapter.

(C) All development or land disturbance shall be set back a minimum of fifty feet (50′) from the annual high water mark of San Juan Creek and twenty-five feet (25′) from the annual high water mark of the San Juan Tributary. Property owners may request a reduction in setback requirements as part of their development permit application. Any reduction in required setbacks may only be granted by the Planning Commission through the variance and a use permit process.

12-1-430 Mudslide (mudflow) prone areas.

(A) The Floodplain Administrator shall review permits for proposed construction of development to determine if it is proposed within a mudslide area.

(B) Permits shall be reviewed to determine that the proposed site and improvement is reasonably safe from mudslide hazards. Factors to be considered in making this determination include but are not limited to:

(1) Type and quality of soils;

(2) Evidence of ground water or surface water problems;

(3) Depth and quality of any fill;

(4) Overall slope of the site; and

(5) Weight that any proposed development will impose on the slope.

(1) A site investigation and further review be made by a registered geologist;

(2) The proposed grading, excavation, new construction, and substantial improvement be adequately designed and protected against mudslide damages;

(3) The proposed grading, excavations, new construction and substantial improvement not aggravate the existing hazard by creating either on-site or off-site disturbances; and

(4) Drainage, planting, watering and maintenance not endanger slope stability.

(D) Within those areas delineated as mudslide prone regions on the City’s environmental hazards map, all proposals for development within these regions shall submit the following information as part of their application for a development permit:

(1) The location of foundation and utility systems of new construction, substantial improvement and other proposed new development;

(2) The location, drainage and maintenance of all excavations, cuts and fills and planted slopes;

(3) Protective measures including but not limited to retaining walls, buttress fills, subdrains, diverter terraces, and benchings; and

(4) Engineering drawings and specifications to be submitted for all corrective measures, accompanied by supporting soils engineering and geology reports prepared by registered geologists and or geotechnical engineers.

Article 5. Appeals and Variances

12-1-500 Appeals.

When a party feels that there has been an error in any requirement, decision, or determination made by the Floodplain Administrator in the enforcement or administration of this Chapter, that matter may be appealed to the Planning Commission. The City may set an appeal fee to be paid by any appellant making such an appeal. The Planning Commission shall be the hearing body on such appeals. Any such appeal decision by the Planning Commission, may, in turn, be appealed to the City Council.

12-1-505 Variances – Evaluation factors.

The Planning Commission shall hear and decide upon variances from the requirements of this Chapter. In passing upon requests for variances, the Commission shall consider all technical evaluation, all relevant factors, standards specified in other sections of this Chapter, including but not limited to the following:

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

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

(C) 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;

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

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

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

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

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

(I) Expected heights, velocity, duration, rate of rise, and sediment transport of the floodwaters expected at the site; and

(J) 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.

12-1-510 Variance findings.

Because of the serious impacts upon the public health, safety and welfare proposed by flooding, a variance from the requirements of this Chapter shall be granted only in the most unusual situation, and only when the following findings can be made:

(A) That good and sufficient cause exists for granting the variance.

(B) That the failure to grant the requested variance would result in exceptional “hardship” to the applicant, as that term is defined in SJBMC 12-1-100.

(C) That the granting of a variance will not be materially detrimental to the public welfare or materially injurious to persons or property in the vicinity and that the granting of a variance will not result in increased flood heights, additional threats to public safety, and extraordinary public expense; will not create a “public safety nuisance,” as defined in SJBMC 12-1-100; and will not cause “fraud or victimization” of the public, as defined in SJBMC 12-1-100.

(D) That granting the variance will not result in a conflict with existing local laws or the General Plan.

(E) That the granting of the variance is the “minimum necessary,” as that term is defined in SJBMC 12-1-100, to afford relief to the applicant.

12-1-515 Limitations on 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 (1/2) acre or less in size contiguous to and surrounded by lots with existing structures constructed below the base flood level, providing that the procedures of Articles 3 and 4 of this Chapter have been fully considered. As the lot size increases beyond one-half (1/2) acre, the technical justification required for issuing the variance increases.

(B) Variances may be issued for the repair or rehabilitation of “historic structures” (as defined in SJBMC 12-1-100) upon a determination that the proposed repair or rehabilitation will not preclude the structure’s continued designation as a historic structure and the variance is the minimum necessary to preserve the historic character and design of the structure.

(C) No variance shall be issued within any designated floodway if any increase in flood levels during the base flood discharge would result from granting such a variance.

12-1-520 Variance conditions.

Upon the granting of any variance under this article, the Planning Commission and, if on appeal, the City Council, may attach such conditions to the variance as deemed necessary to further the purposes of this Chapter.

12-1-525 Notice.

An applicant to whom a variance is granted shall be given written notice over the signature of a community official that:

(A) The issuance of a variance to construct a structure below the base flood level will result in increased premium rates for flood insurance up to amounts as high as twenty-five dollars ($25.00) for one hundred dollars ($100.00) of insurance coverage; and

(B) Such construction below the base flood level increases risks to life and property. A copy of the notice shall be recorded by the Floodplain Administrator in the office of the San Benito County Recorder in a manner so that it appears in the chain of title of the affected parcel(s) of land.

12-1-530 Report.

The Floodplain Administrator will maintain a record of all variance actions and report such variances in its biennial report submitted to the Federal Insurance Administration and Federal Emergency Management Agency.

12-1-535 Appeal.

All decisions of the Planning Commission concerning the granting of variances are subject to appeal to the City Council. Such appeals must be filed within ten (10) days of the date of decision of the Commission. The City may set an appeal fee which must be paid by any party appealing a variance decision by the Commission.

Legislative History: Ords. 176 (7/21/77), 208 (8/10/88), 93-7 (7/20/93), 98-04 (12/15/98).