As used in this chapter:
"Accessible roof" means a roof area that is accessible from the ground via a ladder (with a knox box, if locked) or other approved means and that has a slope of 1:12 (one vertical to twelve (12) horizontal) or less.
"Accessory structure" means a detached structure that is either: a garage or other structure constructed solely for the parking of not more than two cars; or a small shed for limited storage that does not require a building permit.
"Alteration of a watercourse" means a dam, impoundment, channel relocation, change in channel alignment, channelization, change in cross sectional area of the channel or the channel capacity, or any other form of modification that may alter, impede, retard, or change the direction or velocity of the riverine flow of water during conditions of the base flood.
"Area of shallow flooding" means a designated AO, AH, AR/AO, or AR/AH zone on the flood insurance rate map (FIRM). The base flood depths or elevations range from one to three feet; a clearly defined channel does not exist; the path of the flooding is unpredictable and indeterminate; and velocity flow may be evident. Such flooding is characterized by ponding or sheet flow.
"Base flood" means a flood that has a one percent chance of being equaled or exceeded in any given year (also called the "100-year flood").
"Base flood elevation" or "BFE" means the water surface elevation resulting from the base flood.
"Basement" means any area of the building having its floor subgrade (i.e., below ground level) on all sides.
"Building" means any structure.
"CFMP" means the comprehensive flood management plan adopted by the city in 1996, as amended.
"Developed area" means an area of a community that is:
1. A primarily urbanized built-up area that is a minimum of twenty (20) contiguous acres, has basic urban infrastructure, including roads, utilities, communications, and public facilities, to sustain industrial, residential, and commercial activities, and:
a. Within which seventy-five (75) percent or more of the parcels, tracts, or lots contain commercial, industrial, or residential structures or uses; or
b. Is a single parcel, tract, or lot in which seventy-five (75) percent of the area contains existing commercial or industrial structures or uses; or
c. Is a subdivision developed at a density of at least two residential structures per acre within which seventy-five (75) percent or more of the lots contain existing residential structures at the time the designation is adopted.
2. Undeveloped parcels, tracts, or lots, the combination of which is less than twenty (20) acres and contiguous on at least three sides to areas meeting the criteria of subsection 1 of this definition at the time the designation is adopted.
3. A subdivision that is a minimum of twenty (20) contiguous acres that has obtained all necessary government approvals, provided that the actual "start of construction" of structures has occurred on at least ten (10) percent of the lots or remaining lots of a subdivision or ten (10) percent of the maximum building coverage or remaining building coverage allowed for single lot subdivision at the time the designation is adopted and construction of structures is underway. Residential subdivisions must meet the density criteria in subsection (1)(c) of this definition.
"Development" means any man-made 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 and storage of equipment or materials.
"Dry floodproofed" means the application of floodproofing measures that meet applicable FEMA requirements for dry floodproofing.
"Encroachment" means excavating, or the placement of fill, buildings, permanent structures, or other development in a flood hazard area that may impede or alter the flow capacity of riverine flood hazard areas.
"Evacuation area" means an area of the city outside of the special flood hazard area and identified as an evacuation area in the CFMP.
"FEMA" means the Federal Emergency Management Agency, including any department or division of FEMA, such as the Federal Insurance and Mitigation Administration which manages the NFIP.
"Flood" or "flooding" means a general and temporary condition of partial or complete inundation of normally dry land areas from the overflow of inland or tidal waters or from the unusual and rapid accumulation or runoff of surface waters from any source; the collapse or subsidence of land along the shore of a lake or other body of water, including, but not limited to, a levee; and/or the condition resulting from flood-related erosion.
"Flood Hazard Boundary Map" or "FHBM" means the official map on which FEMA has delineated both special flood hazard areas and the floodway.
"Flood hazard zone" means an area subject to flooding that is delineated as either a special hazard area or an area of moderate hazard on an official flood insurance rate map issued by FEMA. The identification of flood hazard zones does not imply that areas outside the flood hazard zones, or uses permitted within flood hazard zones, will be free from flooding or flood damage.
"Flood insurance rate map" or "FIRM" means the official map on which FEMA has delineated both special flood hazard areas and the risk premium zones applicable to the community.
"Flood insurance study" means the official report provided by FEMA that includes flood profiles, the FIRM, the FHBM, and the water surface elevation of the base flood.
"Floodplain" or "flood-prone area" means any land area susceptible to flooding.
"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 any other zoning ordinances, subdivision regulations, building codes, health regulations, special purpose ordinances (such as grading and erosion control), other applications of police power that control development in flood-prone areas, and any other federal, state, or local laws or regulations (including, but not limited to, Part 60 of Subchapter B of Title 44 of the Code of Federal Regulations) in any combination that provide standards for preventing and reducing flood loss and damage.
"Floodproofing" means any combination of structural and nonstructural additions, changes, or adjustments to structures that reduce or eliminate flood damage to real estate, improved real property, water and sanitary facilities, or structures, and their contents. Guidelines on dry and wet floodproofing are provided by FEMA NFIP Technical Bulletin 3.
"Floodway" means the channel of a river or other watercourse and the adjacent land area that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation more than one foot.
"Functionally dependent use" means a use of property for docking facilities, port facilities that are necessary for the loading and unloading of cargo or passengers, and ship building and ship repair facilities, that must be located or carried out in close proximity to water, and does not include long-term storage or related manufacturing facilities.
"Highest adjacent grade" means the highest natural elevation of the ground surface adjacent to the proposed walls of a structure prior to construction.
"Historic structure" means any structure that is:
1. Individually listed 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, or State Historic Preservation Officer, as meeting the requirements for individual listing in the National Register; or
2. Certified or preliminarily determined by the Secretary of the Interior as contributing to the significance of a registered historic district or a district preliminarily determined by the Secretary of the Interior, or State Historic Preservation Officer, to qualify as a registered historic district; or
3. Individually listed in the California Register of Historical Resources or preliminarily determined by the State Historic Preservation Officer as meeting the requirements for individual listing in the California Register; or
4. Certified, listed, or preliminarily determined by the State Historic Preservation Officer as contributing to the significance of a registered or listed historic district or a district preliminarily determined by the State Historic Preservation Officer to qualify as a registered or listed historic district; or
5. Individually listed in the Sacramento Register of Historic and Cultural Resources (a listing maintained by the city of Sacramento, a certified local government), or preliminarily determined by the city's preservation director as meeting the requirements for individual listing in the Sacramento Register of Historic and Cultural Resources; or
6. Listed or preliminarily determined by the preservation director as contributing to the significance of a listed historic district or a district preliminarily determined by the preservation director to qualify as a listed historic district.
"Levee" means a man-made facility, 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.
"Local administrator" means the director of the department of utilities or authorized designees.
"Lowest floor" means the lowest floor of the lowest enclosed area (including basement). An unfinished or flood resistant enclosure, usable solely for parking of vehicles, building access or storage in an area other than a basement area is not considered a building's lowest floor; provided, that such enclosure is not built so as to render the structure in violation of the applicable non-elevation design requirements of this chapter.
"Manufactured home" means a structure, transportable in one or more sections, that 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" also includes park trailers, travel trailers, and other similar vehicles placed on a site for greater than one hundred eighty (180) consecutive days. The term "manufactured home" does not include a recreational vehicle.
"Manufactured home park or subdivision" means a parcel (or contiguous parcels) of land divided into two or more manufactured home lots for rent or sale.
"Market value" means the current estimated market value of a structure, excluding the value of the land on which the structure is located, and also excluding the value of any landscaping or detached accessory structures on such land. The current tax assessed value of the structure as provided by the county tax assessor's office shall be used as the market value where the cost of the proposed improvement to the structure does not exceed forty (40) percent, or exceeds sixty (60) percent, of the structure's current tax assessed value, unless a different value is set forth in an independent appraisal prepared by a professional appraiser no earlier than ninety (90) days before a building permit application is submitted for the improvement. The building permit must be issued within one hundred eighty (180) days of the application in order for the appraisal to be valid. In cases where the cost of the proposed improvement to the structure exceeds forty (40) percent but does not exceed sixty (60) percent of the current tax assessed value of the structure, the applicant must provide an independent estimate of market value prepared by a professional appraiser no earlier than ninety (90) days before a building permit application is submitted for the improvement, provided that the current tax assessed value may be used as the market value if the local administrator determines for good cause that an independent appraisal should not be required. The building permit must be issued within one hundred eighty (180) days of the application in order for the appraisal to be valid. Whenever the current tax assessed value of a structure is used to determine market value of the structure, the local administrator may make such adjustments to the current tax assessed value as are necessary, in the professional judgment of the local administrator, to produce an accurate estimate of market value. In cases where a current tax assessed value of a structure is not available from the county tax assessor's office, the applicant must provide an independent estimate of market value prepared by a professional appraiser no earlier than ninety (90) days before a building permit application is submitted for the improvement to the structure. The building permit must be issued within one hundred eighty (180) days of the application in order for the appraisal to be valid. Notwithstanding the above, a qualified estimate based on sound professional judgment made by the local administrator can be used as the market value estimate if the cost of the proposed improvement ratio is obviously less than forty (40) percent, or greater than sixty (60) percent, of such market value estimate.
"Mean sea level" means the National Geodetic Vertical Datum (NGVD) of 1929, North American Vertical Datum (NAVD) of 1988, or other datum, to which base flood elevations shown on a community's FIRM are referenced.
"New construction" means structures for which the "start of construction" commenced on or after February 23, 1982, and includes any subsequent improvements to such structures.
"NFIP" means the National Flood Insurance Program.
"One hundred-year flood" or "100-year flood" has the same meaning as "base flood."
"Primary escrow agent" means the person or entity providing primary escrow services in connection with the sale of a structure.
"Public facilities" means facilities owned or operated by any local, state, or federal government agency.
"Public refuge" means an accessible area located above the rescue flood elevation that is available to members of the general public in the event of a flood. Public refuge locations may include approved public facilities, nonresidential buildings, or other accessible refuge and evacuation structures (e.g., levees). Public refuge areas must be located within one mile of the farthest residential unit served.
"Recreational vehicle" means a vehicle that 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.
"Refuge location" means an accessible area above the rescue flood elevation located within one mile from the farthest structure served in the event of a flood. Refuge locations may include on-site locations, approved public facilities, nonresidential buildings, or other accessible structures, such as levees.
"Rescue area" means an area of the city that has the potential of flooding to a depth of at least one foot within two hours of a levee failure and that is identified as a rescue area in the CFMP.
"Rescue flood elevation" means the elevation of flood waters estimated in the CFMP to occur forty-eight (48) hours after a given levee break.
"Special flood hazard area" or "SFHA" means an area either:
1. Located in Zone A, AO, AH, AE, A99, AR, AR/AE, AR/AO, AR/AH, or AR/A, as designated on any FIRM; or
2. Subject to the base flood as designated on any floodplain map issued by the California Department of Water Resources pursuant to Section 9610 of the California Water Code; or
3. Subject to the base flood as reasonably determined in writing by the local administrator based on the best available information relating to flood protection.
"Special needs facilities" includes hospitals, schools, and nursing or residential care facilities of any type.
"Start of construction" means the date the building permit was issued for a substantial improvement or new construction, provided that the actual start of construction, repair, reconstruction, rehabilitation, addition placement, or other improvement occurs within one hundred eighty (180) days from the date the permit is issued. For new construction, the actual start of construction 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 or other structure that is principally above ground; this includes a gas or liquid storage tank or manufactured home.
"Substantial damage" means:
1. 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 (50) percent of the market value of the structure before the damage occurred; or
2. Flood-related damage sustained by a structure on two separate occasions during a ten (10) year period for which the cost of repairs at the time of each such event, on the average, equals or exceeds twenty-five (25) percent of the market value of the structure before the damage occurred. This is also known as "repetitive loss."
"Substantial improvement" means any repair, reconstruction, or improvement of a structure, whether requiring one or multiple permits, the cost of which equals or exceeds fifty (50) percent of the market value of the structure either:
1. Before the start of construction of the substantial improvement; or
2. If the structure has been damaged, and is being restored, before the damage occurred.
The term "substantial improvement" does not, however, include either:
1. Any project for improvement of a structure to correct violations of existing state or local health, sanitary, or safety code specifications which are the minimum necessary to assure safe living conditions; or
2. Any alteration of an historic structure, provided that the alteration will not preclude the structure's continued designation as an historic structure.
"Variance" means a grant of relief from a requirement of the floodplain management regulations that permits construction in a manner that would otherwise be prohibited by the floodplain management regulations.
"Violation" means the failure of a structure or other development to be fully compliant with the floodplain management regulations. A structure or other development without the elevation certificate, other certifications, or other evidence of compliance required in the floodplain management regulations is presumed to be in violation until such time as that documentation is provided.
"Wet floodproofed" means the application of floodproofing measures that meet applicable FEMA requirements for wet floodproofing.
"Zone A," "zone AO," "zone AH," "zone AE," "zone A99," "zone AR," "zone AR/AE," "zone AR/AO," "zone AR/AH," "zone AR/A," "zone X," and any other zone designated on a flood insurance rate map (FIRM) means the areas that are designated as such zones on a FIRM. (Ord. 2023-0020 § 2; Ord. 2017-0038 § 1; Ord. 2016-0012 § 1; Ord. 2011-046 § 2; Ord. 98-022 § 1; prior code § 9.26.1002)