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(A) Lands to which this chapter applies. This chapter shall apply to all areas of special flood hazards within the jurisdiction of the City of Tulare.
(B) Basis for establishing the areas of special flood hazard. The areas of special flood hazard identified by the Federal Insurance Administration (FIA) of the Federal Emergency Management Agency (FEMA) in the Flood Insurance Study (FIS) dated January 5, 1983, and accompanying Flood Insurance Rate Maps (FIRMs) and Flood Boundary and Floodway Maps (FBFMs), dated July 5, 1983, and all subsequent amendments and/or revisions, are hereby adopted by reference and declared to be a part of this chapter. This 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 Council by the Floodplain Administrator. The study, FIRMs and FBFMs are on file at 411 East Kern Avenue, Planning and Building Department.
(C) Compliance. No structure or land shall hereafter be constructed, located, extended, converted, or altered without full compliance with the term of this chapter and other applicable regulations. Violation of the requirements (including violations of conditions and safeguards established in connection with conditions) shall constitute a misdemeanor. Nothing herein shall prevent the City Council from taking such lawful action as is necessary to prevent or remedy any violation.
(D) Abrogation and greater restrictions. This chapter is not intended to repeal, abrogate, or impair any existing easements, covenants, or deed restrictions. However, where this chapter and another ordinance, easement, covenant, or deed restriction conflict or overlap, whichever imposes the more stringent restrictions shall prevail.
(E) Interpretation. In the interpretation and application of this chapter, all provisions shall be:
(1) Considered as minimum requirements;
(2) Liberally construed in favor of the City Council; and
(3) Deemed neither to limit nor repeal any other powers granted under state statutes.
(F) Warning and disclaimer of liability. The degree of flood protection required by this chapter is considered reasonable for regulatory purposes and is based on scientific and engineering considerations. Larger floods can and will occur on rare occasions. Flood heights may be increased by manmade or natural causes. This chapter does not imply that land outside the areas of special flood hazards or uses permitted within such areas will be free from flooding or flood damages. This chapter shall not create liability on the part of City Council, 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 hereunder.
(G) 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.
(1995 Code, § 10.104.040) (Ord. 11-03, passed 4-19-2011; Ord. 00-1854, passed --2000)
(A) Establishment of development permit. A development permit shall be obtained before any construction or other development begins within any area of special flood hazard established in § 10.104.040(B). Application for a development permit shall be made on forms furnished by the Floodplain Administrator and may include, but not be limited to: plans in duplicate drawn to scale showing the nature, location, dimensions, and elevation of the area in question; existing or proposed structures, fill, storage of materials, drainage facilities; and the location of the foregoing. Specifically, the following information is required.
(1) Site plan, including but not limited to:
(a) For all proposed structures, spot ground elevations at building corners and 20-foot or smaller intervals along the foundation footprint, or one-foot contour elevations throughout the building site;
(b) Proposed locations of water supply, sanitary sewer, and utilities;
(c) If available, the base flood elevation from the Flood Insurance Study and/or Flood Insurance Rate Map; and
(d) If applicable, the location of the regulatory floodway; and
(2) Foundation design detail, including but not limited to:
(a) Proposed elevation in relation to mean sea level, of the lowest floor (including basement) of all structures;
(b) For a crawlspace foundation, location and total net area of foundation openings as required in § 10.104.060(A)(3)(c) hereof and FEMA Technical Bulletins 1-93 and 7-93; and
(c) For foundations placed on fill, the location and height of fill, and compaction requirements (compacted to 95% using the Standard Proctor Test method); and
(3) Proposed elevation in relation to mean sea level to which any nonresidential structure will be floodproofed, as required in § 10.104.060(A)(3)(b) hereof and FEMA Technical Bulletin TB 3-93; and
(4) All appropriate certifications listed in § 10.104.050(C)(4) hereof; and
(5) Description of the extent to which any watercourse will be altered or relocated as a result of proposed development.
(B) Designation of the Floodplain Administrator. The Planning and Building Director is hereby appointed to administer, implement, and enforce this chapter by granting or denying development permits in accord with its provisions.
(C) Duties and responsibilities of the Floodplain Administrator. The duties and responsibilities of the Floodplain Administrator shall include, but not be limited to the following.
(1) Permit review. Review all development permits to determine that:
(a) Permit requirements of this chapter have been satisfied;
(b) All other required state and federal permits have been obtained;
(c) The site is reasonably safe from flooding; and
(d) 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 at any point.
(2) Review, use and development of other base flood data.
(a) When base flood elevation data has not been provided in accordance with § 10.104.040(B), the Floodplain Administrator 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 § 10.104.060. Any such information shall be submitted to the City Council for adoption; or
(b) If no base flood elevation data is available from a federal or state agency or other source, then a base flood elevation shall be obtained using one of two methods from the FEMA publication Managing Floodplain Development in Approximate Zone A Areas - A Guide for Obtaining and Developing Base (100-year) Flood Elevations dated July 1995 in order to administer § 10.104.060.
(c) Simplified method.
1. One hundred year or base flood discharge shall be obtained using the appropriate regression equation found in a U.S. Geological Survey publication, or the discharge drainage area method; and
2. Base flood elevation shall be obtained using the Quick-2 computer program developed by FEMA; or
(d) Detailed method.
1. One hundred year or base flood discharge shall be obtained using the U.S. Army Corps of Engineers’ HEC-HMS computer program; and
2. Base flood elevation shall be obtained using the U.S. Army Corps of Engineers’ HEC-RAS computer program;
(3) Notification of other agencies. Alteration or relocation of a watercourse:
(a) Notify adjacent communities and the California Department of Water Resources prior to alteration or relocation;
(b) Submit evidence of such notification to the Federal Insurance Administration, Federal Emergency Management Agency; and
(c) Assure that the flood carrying capacity within the altered or relocated portion of said watercourse is maintained.
(4) Base flood elevation changes due to physical alterations.
(a) 1. Within six months of information becoming available or project completion, whichever comes first, the Floodplain Administrator shall submit or assure that the permit application 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.
(b) Such submissions are necessary so that upon confirmation of the physical changes affecting flood conditions, risk premium rates and floodplain management requirements are based on current data.
(5) Changes in corporate boundaries. Notify FEMA in writing whenever the corporate boundaries have been modified by annexation or other means and include a copy of a map of the community clearly delineating the new corporate limits.
(6) Documentation of floodplain development. Obtain and maintain for public inspection and make available as needed the following:
(a) Certification required by §§ 10.104.060(A)(3)(a) and 10.104.060(D) (lowest floor elevations);
(b) Certification required by § 10.104.060(A)(3)(b) (elevation or floodproofing of nonresidential structures);
(c) Certification required by § 10.104.060(A)(3)(c) (wet floodproofing standard);
(d) Certification of elevation required by § 10.104.060(C)(2) (subdivision standards); and
(e) Certification required by § 10.104.060(F)(1) (floodway encroachments).
(7) Map determinations. Make interpretations where needed, as to the exact location of the boundaries of the areas of special flood hazard. Where there appears to be a conflict between a mapped boundary and actual field conditions, grade and base flood elevations shall be used to determine the boundaries of the special flood hazard area. The person contesting the location of the boundary shall be given a reasonable opportunity to appeal the interpretation as provided herein.
(8) Remedial action. Take action to remedy violations of this chapter as specified in § 10.104.040(C).
(D) Appeals. The City Council of Tulare shall hear and decide appeals when it is alleged there is an error in any requirement, decision or determination made by the Floodplain Administrator in the enforcement or administration of this chapter.
(1995 Code, § 10.104.050) (Ord. 11-03, passed 4-19-2011; Ord. 00-1854, passed --2000)
(A) Standards of construction. In all areas of special flood hazards the following standards are required:
(1) Anchoring.
(a) All new construction and substantial improvements shall be adequately anchored to prevent flotation, collapse or lateral movement of the structure resulting from hydrodynamic and hydrostatic loads, including the effects of buoyancy.
(b) All manufactured homes shall meet the anchoring standards of § 10.104.060(D).
(2) Construction materials and methods. All new construction and substantial improvement shall be constructed:
(a) With flood resistant materials as specified in FEMA Technical Bulletin TB 2-93, and utility equipment resistant to flood damage;
(b) Using methods and practices that minimize flood damage;
(c) With electrical, heating, ventilation, plumbing and air conditioning equipment and other service facilities that are designed and/or located so as to prevent water from entering or accumulating within the components during conditions of flooding; and if
(d) Within Zones AH or AO, so that there are adequate drainage paths around structures on slopes to guide flood waters around and away from proposed structures.
(3) Elevation and floodproofing. (See § 10.104.030, definitions for “basement,” “lowest floor,” “new construction,” “substantial damage” and “substantial improvement”.)
(a) 1. Residential construction, new or substantial improvement, shall have the lowest floor, including basement:
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 above the highest adjacent grade if no depth number is specified. (The State of California recommends that in AO zones without velocity 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 two feet, or elevated at least four feet above the highest adjacent grade if no depth number is specified.)
B. In an A zone, elevated to or above the base flood elevation; said base flood elevation shall be determined by one of the methods in § 10.104.050(C)(2). (The State of California recommends the lowest floor be elevated at least two feet above the base flood elevation, as determined by the community.)
C. In AE, AH, and A1-30 Zones, elevated to or above the base flood elevation. (The State of California recommends the lowest floor be elevated at least two feet above the base flood elevation.)
2. 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 and verification shall be provided to the Floodplain Administrator.
(b) Nonresidential construction, new or substantial improvement, shall either be elevated to conform with § 10.104.060(A)(3)(a) or together with attendant utility and sanitary facilities:
1. Be floodproofed below the elevation recommended under § 10.104.060(A)(3)(a) so that the structure is watertight with walls substantially impermeable to the passage of water;
2. Have structural components capable of resisting hydrostatic and hydrodynamic loads and effects of buoyancy; and
3. Be certified by a registered professional engineer or architect that the standards of this division are satisfied. The certification shall be provided to the Floodplain Administrator.
(c) 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 shall follow the guidelines in FEMA Technical Bulletins TB 1-93 and TB 7-93, and must exceed the following minimum criteria:
1. Have 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. 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 floodwater; or
2. Be certified by a registered professional engineer or architect.
(d) Manufactured homes shall also meet the standards in § 10.104.060(D).
(B) Standards for utilities.
(1) All new and replacement water supply and sanitary sewage systems shall be designed to minimize or eliminate:
(a) Infiltration of flood waters into the systems; and
(b) Discharge from the systems into flood waters.
(2) On-site waste disposal systems shall be located to avoid impairment to them, or contamination from them during flooding.
(C) Standards for subdivisions and other proposed development.
(1) All preliminary subdivision proposals or other developments greater than 50 lots or five acres, whichever is less, shall:
(a) Identify the special flood hazard areas (SFHA) and base flood elevation (BFE).
(b) Identify the elevations of lowest floors of all proposed structures and pads on the final plans.
(c) If the site is filled above the base flood elevation, the following as-built information for each structure shall be certified by a registered civil engineer or licensed land surveyor and provided as part of an application for a Letter of Map Revision based on Fill (LOMR-F) to the Floodplain Administrator:
1. Lowest floor elevation.
2. Pad elevation.
3. Lowest adjacent grade.
(2) All subdivision proposals shall be consistent with the need to minimize flood damage.
(3) All subdivision proposals shall have public utilities and facilities such as sewer, gas, electrical and water systems located and constructed to minimize flood damage.
(4) All subdivisions shall provide adequate drainage to reduce exposure to flood hazards.
(D) Standards for manufactured homes.
(1) 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:
(a) Outside of a manufactured home park or subdivision;
(b) In a new manufactured home park or subdivision;
(c) In an expansion to an existing manufactured home park or subdivision; or
(d) 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 (the State of California recommends at least two feet above the base flood elevation) and be securely fastened to an adequately anchored foundation system to resist flotation, collapse, and lateral movement.
(2) 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 § 10.104.060(D)(1) will be securely fastened to an adequately anchored foundation system to resist flotation, collapse, and lateral movement, and be elevated so that either the:
(a) Lowest floor of the manufactured home is at or above the base flood elevation (the State of California recommends at least two feet above the base flood elevation); or
(b) Manufactured home chassis is supported by reinforced piers or other foundation elements of at least equivalent strength that are no less than 36 inches in height above grade.
(c) 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. The certification and verification shall be provided to the Floodplain Administrator.
(E) 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 will either:
(1) Be on the site for fewer than 180 consecutive days, and be fully licensed and ready for highway use - a recreational vehicle is ready for highway use if it is on its wheels or jacking system, is attached to the site only by quick disconnect type utilities and security devices, and has no permanently attached additions; or
(2) Meet the permit requirements of § 10.104.050 and the elevation and anchoring requirements for manufactured homes in § 10.104.060(D)(1).
(F) Floodways. Located within areas of special flood hazard established in § 10.104.040(B) 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:
(1) Prohibit encroachments, including fill, new construction, substantial improvement, and other new development unless certification by a registered professional engineer is provided demonstrating that encroachments shall not result in any increase in [the base] flood elevation during the occurrence of the base flood discharge.
(2) If § 10.104.060(F)(1) is satisfied, all new construction, substantial improvement, and other proposed new development shall comply with all other applicable flood hazard reduction provisions of this § 10.104.060.
(1995 Code, § 10.104.060) (Ord. 11-03, passed 4-18-2011; Ord. 00-1854, passed --2000)
(A) Nature of variances.
(1) The variance criteria set forth in this section are based on the general principle of zoning law that variances pertain to a piece of property and are not personal in nature. A variance may be granted for a parcel of property with physical characteristics so unusual that complying with the requirements of this chapter would create an exceptional hardship to the applicant or the surrounding property owners. The characteristics must be unique to the property and not be shared by adjacent parcels. The unique characteristic must pertain to the land itself, not to the structure, its inhabitants, or the property owners.
(2) It is the duty of the City Council to help protect its citizens from flooding. This need is so compelling and the implications of the cost of insuring a structure built below flood level are so serious that variances from the flood elevation or from other requirements in the flood ordinance are quite rare. The long term goal of preventing and reducing flood loss and damage can only be met if variances are strictly limited. Therefore, the variance guidelines provided in this chapter are more detailed and contain multiple provisions that must be met before a variance can be properly granted. The criteria are designed to screen out those situations in which alternatives other than a variance are more appropriate.
(B) Appeal Board.
(1) In passing upon requests for variances, the City Council shall consider all technical evaluations, all relevant factors, standards specified in other sections of this chapter, and the:
(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) Relationship of the proposed use to the comprehensive plan and floodplain management program for that area;
(i) Safety of access to the property in time of flood for ordinary and emergency vehicles;
(j) Expected heights, velocity, duration, rate of rise, and sediment transport of the flood waters expected at the site; and
(k) 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.
(2) Any 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 $25 for $100 of insurance coverage; and
(b) The construction below the base flood level increases risks to life and property. It is recommended that a copy of the notice shall be recorded by the Floodplain Administrator in the Office of the Tulare County Recorder and shall be recorded in a manner so that it appears in the chain of title of the affected parcel of land.
(3) The Floodplain Administrator will maintain a record of all variance actions, including justification for their issuance, and report such variances issued in its biennial report submitted to the Federal Insurance Administration, Federal Emergency Management Agency.
(C) Conditions for variances.
(1) Generally, variances may be issued for new construction, substantial improvement, and other proposed new development to be erected on a lot of one-half 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 §§ 10.104.070(C)(4) and 10.104.070(C)(5) have been fully considered. As the lot size increases beyond one-half acre, the technical justification required for issuing the variance increases.
(2) Variances may be issued for the repair or rehabilitation of “historic structures” (as defined in § 10.104.030 hereof) upon a determination that the proposed repair or rehabilitation will not preclude the structure’s continued designation as an historic structure and the variance is the minimum necessary to preserve the historic character and design of the structure.
(3) Variances shall not be issued within any mapped regulatory floodway if any increase in flood levels during the base flood discharge would result.
(4) Variances shall only be issued upon a determination that the variance is the “minimum necessary” considering the flood hazard, to afford relief. MINIMUM NECESSARY means to afford relief with a minimum of deviation from the requirements of this chapter. For example, in the case of variances to an elevation requirement, this means the City Council need not grant permission for the applicant to build at grade, or even to whatever elevation the applicant proposes, but only to that
elevation which the City Council believes will both provide relief and preserve the integrity of the local ordinance.
(5) Variances shall only be issued upon a:
(a) Showing of good and sufficient cause;
(b) Determination that failure to grant the variance would result in exceptional “hardship” (as defined in § 10.104.030 hereof) to the applicant; and
(c) Determination that the granting of a variance will not result in increased flood heights, additional threats to public safety, or extraordinary public expense, create a nuisance (as defined in § 10.104.030), cause fraud or victimization (as defined in § 10.104.030) of the public, or conflict with existing local laws or ordinances.
(6) Variances may be issued for new construction, substantial improvement, and other proposed new development necessary for the conduct of a functionally dependent use provided that the provisions of §§ 10.104.060(C)(1) through 10.104.070(C)(5) are satisfied and that the structure or other development is protected by methods that minimize flood damages during the base flood and does not result in additional threats to public safety and does not create a public nuisance.
(7) Upon consideration of the factors of § 10.104.070(B)(1) 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.
(1995 Code, § 10.104.070) (Ord. 11-03, passed 4-19-2011; Ord. 00-1854, passed --2000)