Ordinance 2997CITY OF ALAMEDA GRDINANCE NO 2997
New Series
AMENDING THE ALAMEDA MUNICIPAL CGDE BY DELETING
GRAFTER XX ~"FLOOD DAMAGE PREVENTIGN"}AND ADDING A NEW
~ CHAPTER XX ~"FLOOD PLAIN MANAGEMENT"} TU MEET THE
~ REQUIREMENTS GF THE FEDERAL EMERGENCY MANAGEMENT
~ }
AGENCY "FEMA" FLGGD INSURANCE PRGGRAM AND APPRGVE
UPDATED FLGnD INSURANCE RATE MAPS
WHEREAS, the Legislature of the State of California has Government Code
Sections X5302, 6550, and GSSOO conferred upon local governments the
authority to adopt regulations designed to promote the public health, safety, and
general welfare of its citizenry; and
~11lHEREAS, the flood hazard areas of the City of Alameda are subject to
periodic inundation which could result in loss of life and property, heath and safety
hazards, disruption of commerce and governmental services, extraordinar ublic
yp
expenditures for flood protection and relief, and impairment of the tax base, all of
which adversely affect the public health, safety and general welfare, and
WHEREAS, these flood fosses 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 contributes to flood losses, and
WHEREAS, the State of California has created a Model Floodplain
Management Grdinance for Coastal Communities with the purpose of promoting
the public health, safety, and general welfare, and to minimize public and private
losses due to flood conditions in specific areas by legally enforceable regulations
applied uniformly throughout the community to all publicly and privately owned
land within flood prone, mudslide orflood related erosion areas, and
WHEREAS, these regulations are designed toy protect human life and
health; minimize expenditure of public money for costly flood control projects;
minimize the need for rescue and relief efforts associated with flooding and
generally undertaken at the expense of the general public; minimize prolonged
business interruptions; 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; 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; ensure that potential
buyers are notified that property is in an area of special flood hazard; and ensure
that those who occupy the areas of special flood hazard assume responsibility for
their actions, and
WHEREAS, in order to accomplish its purposes, the Model Floodplain
Management Ordinance includes regulations to: 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 erasion or flood heights or velocities; require
That uses vulnerable to floods, including facilities which serve such uses, be
protected against flood damage at the time of initial construction; control the
alteration of natural ffoodplains, stream channels, and natural protective barriers,
which help accommodate or channel floodwaters; control filling, grading, dredging,
and other development which may increase flood damage; and prevent ar regulate
the construction of flood barriers which will unnaturally divert floodwaters or which
may increase flood hazards in other areas.
BE IT ORDAINED bythe City Council ofthe City ofAlameda that:
Section ~ . The Alameda Municipal Code is hereby amended by adding repealing
Chapter XX, FLOOD DAMAGE PREVENTION, in its entirety and replacing it with
Chapter XX, FLOODPLAIN MANAGEMENT, and is hereby added to the Alameda
Municipal Code to read as follows:
2~.~ DEFINITIONS.
Unless specifically defined below, words or phrases used in this ordinance
shall be interpreted so as to give them the meaning they have in common usage
and to give this ordinance its most reasonable application.
"A zones' ~- see "Special flood hazard area."
"Accessory structure" means a structure that is either:
~. Solely for the parking of no more than 2 cars, or
2. A small, low cost shed for limited storage, less than ~ 5o square feet
and $1,50o in value.
"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.
"Apex" means a point on an alluvial fan or similar landform below which
the flow path of the major stream that formed the fan becomes unpredictable and
alluvial fan flooding can occur.
"Appeal" means a request for a review of the Floodplain Administrator's
interpretation ofany provision of this ordinance.
"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 to
three feet; 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 ®fspecial flood hazard" ®See "Special flood hazard area."
"base flood" means a flood which has a one percent chance of being
equaled or exceeded in any given year also called the "100-year flood"}. base
flood is the term used throughoutthisordinance.
"base flo®d elevation" ~~FE} means the elevation shown on the Flood
Insurance Rate Map for Zones AE, AH, Al-30, VE and V1-V30 that indicates the
water surface elevation resulting from a flood that has a 1-percent or great chance
of being equaled or exceeded in any given year.
"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 flood waters. A
breakawaywall shall have a safe design loading resistance of not less than 10 and
no more than 20 pounds per square foot. Use of breakaway walls must be
certified by a registered engineer or architect and shall meet the following
conditions:
1. Breakaway wall collapse shall result from a water load less than that
which would occur during the base flood; and
2. The elevated portion of the building shall not incur any structural
damage due to the effects of wind and water loads acting
simultaneously in the event ofthe base flood.
"building" -See "Structure"
"Coastal high hazard area" means an area of special flood hazard
extending from offshore to the inland limit of a primary frontal dune along an open
coast and any other area subject to high velocity wave action from storms or
seismic sources, It is an area subject to high velocity waters, including coastal
and tidal inundation or tsunamis. The area is designed on a Flood lnsurance Rate
Map 4FIRM} as Zone V1-V30, VE, or V.
"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 or storage of
equipment or materials.
"Encroachment" means the advance or infringement uses, plant growth,
fill, excavation, buildings, permanent structures or development into a floodplain
which may impede or alterthe flow capacity ofa floodplain.
"Existing manufactured home park or subdivision" means a
manufactured home park or subdivision for which the construction of facilities for
serving 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 June 3, 1975, the
date the City of Alameda first adopted a floodplain management ordinance.
"Expansion to an existing manufactured home park or subdivision"
means the preparation of additions! 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}.
"Flood, flooding, or flood water" means:
1. 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; andlor mudslides ~i.e., mudflows}; and
Z. The condition resulting from flood-related erosion.
"Flood Boundary and Floodway flap ~F~FI~}" 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 Insurance Rate I~ap ~FIR~I}" 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 ®r flood-prone area" means any land area susceptible to
being inundated by water from any source --See "Flooding".
i6Fl®odplain Administrator" is the community official designed by title or
administer and enforce the floodplain management regulations,
"FI®odplain 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 ordinance and other
zoning ordinances, subdivision regulations, building codes, health regulations,
special purpose ordinances such as grading and erosion control} and other
application of police power which control development in flood-prone areas. This
term describes federal, state or local regulations in any combination thereof which
provide standards for preventing and reducing flood lass 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. For guidelines on dry and wet floodproofing, see
FEMA Technical Bulletins TE 1-93, TB 3-93, and TB 7-93.
"Floodway" means the channel of a river or other watercourse and the
adjacent land areas that roust be reserved in order to discharge the base flood
without cumulatively increasing the water surface elevation more than one foot,
Also referred as "Regulatory Floodway."
"Fioodway fringe" is that area of the floodplain on either side of the
"Regulatory Floodway"where encroachment may be permitted.
66Fraud and vicfin~iza~ion" as related to Section 20-~ of this ordinance,
means that the variance granted must not cause fraud on or victimization of the
public. In examining this requirement, the City of Alameda will consider the fact
that every newly constructed building adds to government responsibilities and
remains a part of the community for fifty to one-hundred 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 properly, unaware that it is subject to potential
flood damage, and can be insured only at very high flood insurance rates.
"Functionally dependent use" means a use which cannot perform its
intended purpose unless it is located or carried out in close proximity to water.
The term includes on~l docking facilities, port facilities that are necessary for the
loading and unloading of cargo or passengers, and ship building and ship repair
facilities, and does not include longterm storage or related manufacturing
.
acilities.
"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 Section 20-5 of this ordinance means the
excel nal hardship that would result from a failure to grant the requested
variance. The City of Alameda requires that the variance be exceptional, unusual,
and peculiar to the property involved. Mere economic or financial hardship alone
is oat exceptional. Inconvenience, aesthetic considerations, physical handicaps,
personal preferences, or the disapproval of one's neighbors likewise cannot, as a
rule, qualify as an exceptional hardship. All of these problems can be resolved
through other means without granting a variance, even if the alternative is more
expensive, or requires the property owner to build elsewhere or puff to a different
use than originally intended.
"Highest adjacent grade" means the highest natural elevation of the
ground surface prior to construction next to the proposed walls of a structure.
"Historic structure" means any structure that is~
1, Listed individually in the National Register of Historic Places ~a listing
maintained by the Department of Interiors or preliminary determined by the
Secretary of the Interior as meeting the requirements for individual listing
on the National Register;
2. Certified or preliminarily determined by the Secretary of the Interior as
contributing to the historical significance of a registered historic district or a
district preliminarily determined by the Secretary to qualify as a registered
historic district.
3. Individually listed on a state inventory of historic places in states with
historic preservation programs which have been approved by the
Secretary of Interior; or
4. Individually listed on a local inventory of historic places in communities
with historic preservation programs that have been certified either by an
approved state program as determined by the Secretary of the Interior or
directly by the Secretary of the Interior in states without approved
programs.
"Levee" means amen-made structure, usually an earthen embankment,
designed and constructed in accordance with sound engineering practices to
contain, control or divert the flow of water so as to provide protection from
temporary flooding.
"Levee system" means a flood protection system which consists of a levee, or
levees, and associated structures, such as closure and drainage devices, which
are constructed and operated in accord with sound engineering practices.
"Lowest floor" means the lowest floor of the lowest enclosed area, including
basement see "basement'' definition.
~. An unfinished or flood resistant enclosure below the lowest floor that is
usable solely for parking of vehicles, building access or storage in an area
other than a basement area, is not considered a building's lowest floor
provided it conforms to applicable non-elevation design requirements,
including, but not limited to:
a. The flood openings standard in Section 24-4.~.C.3;
b. The anchoring standards in Section 2~-4.~.A;
c. The construction materials and methods standards in Section 2O-
4~; a n d
d. The standards for utilities in Section 20-4.2.
2. For residential structures, all subgrade enclosed areas are prohibited as
they are considered to be basements see "basement" definition. This
prohibition includes below-grade garages and storage areas.
"Manufactured home" means a structure, transportable in 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
"manufacture home" does not include a "recreational vehicle".
"Manufactured home park or subdivision" means a parcel for contiguous
parcels of land divided into two or more manufactured home lets for rent or sale.
"Market value" is defined in the City of Alameda's, or in none exist, the
County of Alameda's substantial damagelimprovement procedures. See Section
2~-3.2.13.x.
"bean sea level" means, for purpose of the National Flood Insurance
program, the National Geodetic Vertical Datum ~NGVD} of 1929, North American
Vertical Datum ~NAVD} of 19~~, or ather datum, to which base flood elevations
shown on a community's Flood Insurance Rate Map are referenced.
"New Construction", for floodplain management purposes, means structures
for which the "start of construction" commenced on or before June 3, 1975, the
date the City of Alameda first adopted a floodplain management ordinance, 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 ofstreets, and either final site grading or
the pouring of concrete pads} is completed on or before June 3, 1975, the date the
City of Alameda first adopted a floodplain management ordinance.
"®bstruction" 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 andlor velocity of the flow
water, or due to its location, its propensity to snare or collect debris carried by the
flow water, ar its likelihood of being carried downstream.
"one-hundred-year flood" ar "100-year flood" ~ see "Base hood"
"Primary frontal dune" means a continuous or nearly continuous mound or
ridge of sand with relatively steep seaward and landward slopes immediately
landward and adjacent to the beach and subject to erosion and overtopping from
high tides and waves during major coastal storms. The inland limit of the primary
frontal dune occurs at the point where there is a distinct change from a relatively
mild slope. .
"Program deficiency" means a defect in a community's floodplain
management regulations or administrative procedures that impairs effective
implementation of those floodplain management regulations.
"Public safety and nuisance" as related to Section 20-5 of this ordinance,
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, ofany navigable lake, or river, bay, stream, canal, or basin.
"Recreational vehicle" means a vehicle which is.
1, ~uilton a single chassis;
2. 40o 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 fl®~dway" 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.
"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. vllays that impacts may be
reduced include protecting the structure or other affected development from flood
damages, implementing the enforcement provisions of the ordinance or otherwise
deterring future similar violations, or reducing State or Federal financial exposure
with regard to the structure or other development.
"Riverine" means relating to, formed by, or resembling a river including
tributaries}, stream, brook, etc.
"Sand dunes" mean naturally occurring accumulations of sand in ridges or
mounds landward of the beach.
"Sheet flow area" -~ see "Area of shadow fl®®ding".
"Special fl®od hazard areas ~SI~I~A~" means an area in the floodplain subject
to a 1 percent or greater chance of flooding in any given year. It is shown on an
FHBM or FI RM as Zone A, A4, Al ~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 stark of construction, repair, reconstruction, rehabilitation, addition,
placement, or other improvement was within 190 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 manufacture Name on a foundation, Permanent construction does
not include land preparation, such as clearing, grading, and filling; nor does it
include the installation of streets andlor walkways; nor does it include the
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 park 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 alternation affects the external dimensions of the
building.
"Structure" means a walled and roof building that is principally above ground;
this includes a gas or liquid storage tank or a manufactured home.
"Substantial damage" means any reconstruction, rehabilitation, addition, or
other improvement of a structure, the cost of which equals or exceeds 50 percent
of the market value of the structure before the "stark 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 ar
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
~. Any alteration of a "historic structure" provided that the alteration will not
preclude the structure's continued designation as a "historic structure".
"V z®ne" ~- see "C~astal high hazard area".
"Variance" means a grant of relief from the requirements of this ordinance
which permits construction in a manner that would otherwise be prohibited by this
ordinance.
"Vi~lati®n" means the failure of a structure or other development to be fully
complaint with this ordinance. A structure or other development without the
elevation certificate, other cerkifications, or other evidence of compliance required
in this ordinance is presumed to be in violation until such time as that
documentation is provided.
"dater surface elevation" means the height, in relation to the National
Geodetic Verkical Datum ~NGVD} of 1929, in the floodplains of coastal or riverine
areas.
"V~aterc~urse" 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 designed areas in which substantial flood
damage may occur.
20-2 GENERAL PR®VISI~NS.
2D-Z.~ LANDS TO'V~HICH THIS ORDINANCE APPLIES.
This ordinance shall apply to all areas of special flood hazards within the
jurisdiction of City ofAlameda~
~D-Z.2 DASIS FC~R ESTADLISHING THE AREAS 4F SPECIAL FLOOD
HAZARD
The areas of special flood hazard identified by the Federal Emergency
Management Agency ~FEMA} in the "Flood Insurance Study ~FIS} for Alameda
County. California and Incorporated Area dated August 3, 2009, with
accompanying Flood Insurance Rate Maps ~FIRM's} and Flood Boundary and
Floodway Maps ~FBFM's}, dated August 3, 2009, and all subsequent amendments
andlor revisions, are hereby adopted by reference and declared to be a part of this
ordinance This FiS and attendant mapping is the minimum area of applicability of
ordinance and which are recommended to the City Council by the Floodplain
Administrator. The study, FIRM's and FBFM's are on file at the Public Works
Department.
20-2.3 C®I~PLIANCE,
No structure or land shall hereafter be constructed, located, extended,
converted, or altered without full compliance with the terms of this ordinance and
other applicable regulations. Violation of the requirements including violations of
conditions and safeguards} 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.
20-2.4 AERGGATIGN AND GREATER RESTRICTIGNS,
This ordinance is not intended to repeal, abrogate, or impair any existing
easements, covenants, or deed restrictions. However, where this ordinance and
another ordinance, easement, covenant, or deed restriction conflict or overlap,
whichever imposes the more stringent restrictions shall prevail.
20-2.5 I NTE R~RETATIGN.
In the interpretation and application of this ordinance, all provisions shall be:
A, Considered as minimum requirements;
B. Liberally construed in favor of the governing body; and
C. Deemed neither to limit nor repeal any other powers granted under state
statutes.
20-2.6 WARNING AND DISCLAlI1~ER GF LIADILITY.
The degree of flood protection required by this ordinance 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 man-made or natural causes, This ordinance 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 ordinance shall not create
liability on the part of the City Council, any officer or employee thereof, the State of
California, or the Federal Emergency ManagementAgency, for anyflood damages
that result from reliance on this ordinance or any administrative decision lawfully
made hereunder,
20-2.7 SEVERA~ILITY.
This ordinance and the various parts hereof are hereby declared to be
severable, Should any section of this ordinance be declared by the courts to be
unconstitutional or invalid, such decision shall not affect the validity of the
ordinance as a whole, or any portion thereof other than the section so declared to
be unconstitutional or invalid.
203 ADI~INISTRATI~N
2D-3.~ DESIGNATION OF THE FL~~DPLAIN ADI~INSTRATOR.
The Public 1Norks Director is hereby appointed to administer, implement, and
enforce this ordinance by granting or denying development permits in accord with
its provisions.
2043.2 DUTIES AND RESPC~NSI~ILITIES 4F THE FLGGDPLAIN
AD~IINISTRAT~R.
The duties and responsibilities of the Floodplain Administrator shall include, but
not be limited to the following.
A. Permit Review.
Review all development permits to determine
~ .Permit requirements of this ordinance have been satisfied, including
determination of substantial improvements and substantial damage of existing
structures;
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 fload elevations have been determined but a
floodway has not been designated. This means that the cumulative effect of the
proposed development when combined with all other existing and anticipated
development will not increase the water surface elevation of the base flood more
than ~ foot at any point within Alameda County, California and Incorporated Area;
and
5. All Letters of Map Revision ~LCMR's} 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 ~CL~MR's}. Approved
CLCMR's allow construction of the proposed flood control project and land
preparation as specified in the "start of construction" definition.
E. Devel® n~ent of Substantial Im rovement and Substantial
Damage Procedures.
~. Using FEMA publication FEMA 213, "Answers to Questions About
Substantially Damaged Building," develop detailed procedures for identifying and
administering requirements for substantial improvement and substantial damage,
to include defining "Market Value."
2. Assure procedures are coordinated with other departmentsldivisions
and implemented by community staff.
C. Review, Use and Development of Other Base Flood Data.
when base flood elevation data has not been provided in accordance
with Section Z0~2.2, 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 orderto administer5ection 2ow4.
NOTE: A base flood elevation may be obtained using one of two
methods from the FEMA publication, FEMA 2~5, "Managing Floodplain
Development in Approximate Zone AAreas - A wide for obtaining and
Developing Base ~1o0-year} Flood Elevations" dated July 1995.
D. Notification of otherA encies.
1. Alteration or relocation ofd watercourse:
a. Notify adjacent communities and the California department of
vllater Resources prior to alteration or relocation.
b. Submit evidence of such notification to the federal Emergency
Management Agency; and
c. Assure that the flood carrying capacity within the altered or
relocated portion of said watercourse is maintained.
2. Base Flood Elevation changes due to physical alterations:
a. Within 6 months of information becoming available or project
completion, whichever comes first, the floodplain administrator shall submit or
assure that the permit applicant submits technical or scientific data to FEMA for a
Letter of Map Revision (LOMR).
b. All LflMR's 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 ~CL~MR's}. Approved CL4MR's allow
construction of the proposed flood control project and land preparation as
specified in the "start of construction"lefinition.
Such submissions are necessary so that upon confirmation of those
physical changes affecting flooding conditions, risk premium rates and floodplain
management requirements are based on current data.
3, 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,
~, Docunnentati®n of Flood fain Develo ment.
Obtain and maintain for public inspection and make available as needed the
following:
1. Certification required by section 2oW4.~ .C.1 and Section 20-4.4
i it i,~.n.i,nm uiinn„iuniiiiinii ___. - mm~.n Ir,0.1~.
slowest floor elevations};
2, Certification required by Section 20p4.~.C.2 elevation or
floodproofing of nonresidential structures};
3. Certification required by Section 2~~4.~.C.3 wet floodproofing
standard};
4. Certification of elevation required by
(subdivisions and other proposed development standards);
Secti®n 2ow4.3.A.3
5. Certification required by
encroachments);
Section 204.6.13
(floodway
6. Information required by Section 20~4.1.F coastal construction
standards}; and
7. 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 Emergency Management Agency.
F. ,~ ,i anon.
a p Dete rm ~~ ~ n, ~,,,.~.~,.,,~~~...
Make interpretation 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. The person
contesting the location of the boundary shall be given a reasonable opportunity to
appeal the interpretation as provided in Section 20-3.4.
G. l~.e~nedial Action.
Take action to remedy violations of this ordinance as specified in Section
20-2.3.
H. Bie_nn~al Repot.
Complete and submitll~~Il~Biennial Re ortto FEMA.
p
~. Plannin .
Assure community's General Plan is consistent with floodplain management
objectives herein.
20.3.3 DE~`EL®PMENT PERMIT.
A development permit shelf be obtained before any construction or other
development, including manufactured homes, within any area of special flood
hazard established in Section 2~Z.2. Application for a development permit shall
be made on forms furnished by the City of Alameda. The applicant shall provide
the following minimum information:
A. Plans in duplicate, drawn to scale, showing:
~ . Location, dimensions, and elevation of the area in question, existing
or proposed structures, storage of materials and equipment and their location.
2. Proposed locations of water supply, sanitary sewer, and other
utilities;
3, Grading information showing existing and proposed contours, any
proposed fill, and drainage facilities;
4. Location of the regulatory floodway when applicable;
5. Base flood elevation information as specified in Section 20-~.2 0~
Sect®n 20~3.2.C,
6. Proposed elevation in relation to mean sea level, of the lowest floor
including basement} of all structures; and
7. Proposed elevation in relation to mean sea level to which any
nonresidential structure will be floodproofed, as required in Secti®n 20~4.~.C.Z of
this ordinance and detailed in FEMA Technical Bulletin TB 3-93.
B. Certification from a registered civil engineer or architect that the
nonresidential floodproofed building meets the floodproofing criteria in Section 20~
4.~ .C.2.
C. For scrawl-space foundation, location and total net area of foundation
openings as required in Section 24-4.~.C.3 of this ordinance and detailed in
FEMA Technical Bulletins ~ -93 and ?'-93.
D. Description of the extent to which any watercourse will be altered or
relocated as a result of proposed development.
E, All appro priate certifications listed in ~ec~®n 24-3.2.E ofthis ordinance.
~0-3.4 APPEALS.
The City Council of the City of Alameda 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 ordinance.
~4-4 PR®VISI~NS FCJR FL®C~D NAZARD REDUCTION
24-4.~ STANDARDS ®F C~NSTRUCTI~N.
In all areas of special flood hazards the following standards are required:
A. A nch_q~°ing.
- .~~
All new construction and substantial improvements of structures, including
manufactured homes, 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. Construction I~aterla Is and Beth®ds.
All ,new construction and substantial improvements of structures, including
manufactured homes, shall be constructed:
~ . ~llJith flood resistant materials, and utility equipment resistant to flood
damage for areas belowthe base flood elevation;
~. 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 andlor located so as to
prevent water from entering or accumulating within the components during
conditions of flooding; and
4. within Zones AH or AC, so that there are adequate drainage paths
around structures on slopes to guide flood waters around and away from proposed
structures.
C. Elevation and Floodproofing.
1. Residential construction,
All new construction or substantial improvements of residential structures
shall have the lowest floor, including basement:
elevation.
a. In AE, AH, Al-30 Zones, elevated to or abave the base flood
b. In an AU 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 2 feet above the highest adjacent grade if no depth. number is
specified .
c. In an A zone,
unnumbered A zone}, elevated to
determined under Section 20~3.2.C.
without ~FE's specified on the FIRM
or above the base fload elevation; as
Upon the completion of the structure, the elevation of the lowest
floor, including basement, shall be certified by a registered civil engineer or
licensed land surveyor, and verified by the community building inspector to be
properly elevated. Such certification and verification shall be provided to the
Floodplain Administrator.
2. Nonresidential construction.
All new construction or substantial improvements of nonresidential
structures shall either be elevated to conform with Section 20-4.~.C.'i ors
a. Be floodproofed, together with attendant utility and sanitary
facilities, below the elevation recommended under Section 20-4.1.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 civil engineer or architect that the
standards of Section 20~4.~.C.Z.a ~ b are satisfied. Such certification shall be
provided to the FloodplainAdministrator.
3. FI®®d openings.
All new construction and substantial improvements of structures 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 tQ automatically equalize hydrostatic flood forces on
exterior walls by allowing for the entry and exit of floodwater. Designs for meeting
this requirement must meet the following minimum criteria:
a. For non~engineered openings
1. Have a minimum of two openings on different sides having
a total net area of not less than one square inch for every square foot of enclosed
area subject to flooding:
above grade;
~. The bottom of all openings shall be no higherthan ane foot
3, apenings may be equipped with screens, louvers, valves
or other coverings or devices provided that they permit the automatic entry and
exit of floodwater; and
4. Buildings with more than one enclosed area must have
openings on exteriorwalls for each area to allow flood water to directly enter; or
b. Be certified by a registered civil engineer or architect.
4. Manufactured homes.
a. See Section 24-4.4.
5. tiara es and !ow cost accessor structures.
a. Attached garages
~ . A garage attached to a residential structure,
constructed with the garage floor slab below the BFE, must be designed to allow
for the automatic entry of flood waters. See Section 20-4.~.C.3. Areas of the
garage below the BFE must be constructed with flood resistant materials. See
Section 20-4.1.B.
2. A garage attached to a nonresidential structure must
meet the above requirements or be dry floodproofed. For guidance on below
grade parking areas, see FENfA Technical Bulletin TB~~.
b. Detachedgarages and accessory structures.
1. "Accessory structures" used solely for parking ~2 car
detached garages or smaller} or limited storage small, low-cost sheds}, as defined
in Section 20-~ . may be constructed such that its floor is below the base flood
elevation ~BFE}, provided the structure is designed and constructed in accordance
with the fallowing requirements:
a. Use of the accessory structure must be limited
to parking ar limited storage:
b. The porkions of the accessory structure located
belawthe BFE must be built using flood-resistant materials;
c. The accessory structure must be adequately
anchored to prevent floatation, collapse and lateral movement;
d. Any mechanical and utility equipment in the
accessory structure must be elevated or floodproofed to or above the BFE;
e. The accessory structure must comply with
floodplain encroachment provisions in Section 20-4.6: and
f~ The accessory structure must be designed to
allow for the automatic entry of flood waters in accordance with Section ~a-
4.~.C.3.
2, Detached garages and accessory structures not
meeting the above standards must be constructed in accordance with all
applicable standards in Section 20-4.~ .
~0-4.2 STANDARDS ~~R UTILITIES,
A, All new and replacement water supply and sanitary sewage systems
shall be designed to minimize oreliminate:
1 ~ Infiltration of flood waters into the systems; and
2. Discharge from the systems into flood waters.
B. 4n-site waste disposal systems shall be located to avoid impairment
to them, or contamination from them during flooding.
Z4-4.~ STANDARDS FOR SUDDIVISIONS AND ETHER PREP®SED
DEVELaPI~ENT.
A. All new subdivisions proposals and other proposed development,
including proposals for manufactured home parks and subdivisions, greater than
50 lots or 5 acres, whichever is the lesser, shall;
1. Identify the Special Flood Hazard Areas (SFHA) and Base Flood
Elevations (BFE).
2. Identify the elevations of lowest floors of all proposed structures and
pads on the final plans.
3. 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:
B. All subdivision proposals and other proposed development shall be
consistent with the need to minimize flood damage
C. All subdivision proposals and other proposed development shall be
consistent with the need to minimize flood damage.
D. All subdivisions and other proposed development shall provide
adequate drainage to reduce exposure to flood hazards.
24-4.4 STANDARDS F4R [~ANU~'ACTURED HaI~ES.
A. All manufactured homes that are placed or substantially improved,
on site located: ~1 } outside of a manufactured home park or subdivision; ~~} in a
new manufactured home park or subdivision; ~3} in an expansion to an existing
manufactured home park or subdivision; or ~4} in an existing manufactured home
park or subdivision upon which a manufactured home has incurred "substantial
damage" as a result of flood, shall:
1 ~ Within Zones Al-30, AH, and AE on the community's Flood
Insurance Rate Map, 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 fastened to an adequately anchored foundation system to resist
flotation, collapse, and lateral movement.
2. Within Zones V1-~0, V, and VE on the community's Flood Insurance
Rate Map, meet the requirements of SectO®n 2a~4.7.
B. All manufactured homes to be placed ar substantially improved on
sites in an existing manufactured. home park or subdivision with Zones Al-30, AH,
AE, V1-30, V, and VE on the community's Flood Insurance Rate Map that are not
subject to the provisions of Sec~i®n Za-4.4.A will be securely fastened to an
adequately anchored foundation system to resist flotation, collapse, and lateral
movement, and be elevated so that either they
1. Lowest floor of the manufactured home is at or above the base flood
elevation; or
2. Manufactured home chassis is supported by reinforced piers or other
foundation elements of at lease equivalent strength that are no less than 3~ inches
in height above grade.
Upon the completion of the. structure, the elevation of the lowest floor
including basement shall be certified by a registered civil engineer or licensed land
surveyor, and verified by the community building inspector to be properly elevated.
Such cerkification and verification shall be provided to the Floodplain Administrator.
20-4.5 STANDARDS FOR RECREATIONAL VEHICLES.
A. All recreational vehicles placed in Zones Al-ZO, AH, AE, V1-3o and
VE will either:
1. Be on the site for fewer than 1~O consecutive days; or
2. 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
3. Meet the permit requirements of Section 20-3.3 of this ordinance
and the elevation and anchoring requirements for manufactured homes in Section
20-4.4.
B. Recreational vehicles placed on sited within Zones V1-30, V, and VE
on the community's Flood Insurance Rate Map will meet the requirements of
Section 2~-4.5.A and Section 20-4.7.
204.6 FLC~®DwAYS.
Since floodways are an extremely hazardous area due to the velocity of
flood waters which carry debris, potential projectiles, and erosion potential, the
following provisions apply:
A. Until a regulatory floodway is adopted, no new construction,
substantial development, or other development including fill} shall be permitted
within Zones Al-30 and AE, unless it is demonstrated that the cumulative effect of
the proposed development, which combined with all other development, will not
increase the water surface elevation of the base flood more than 1 foot at any
pointwithin the County of Alameda, California and Incorporated Area.
B. Within an adopted regulatory floodway, the County of Alameda,
California and Incorporated Area shall prohibit encroachments, including fill, new
construction, substantial improvements, and other development, unless
certification by a registered civil engineer is provided demonstrating that the
proposed encroachment shall not result in any increase in flood levels during the
occurrence of the base flood discharge.
C. If Sectians 20-4.~.A~B are satisfied, all new construction,
substantial improvement, and other proposed new development shall comply with
all other applicable flood hazard reduction provisions of Section 20-4.
20-4.? COASTAL HIGH WAZARDGUS AREAS
Within coastal high hazard areas, Zones V, V~-30, and VE, as
established under Section 202.2. the following standards apply:
A. All new residential and nonwresidential construction, including
substantial improvementldamage, shall be elevated on adequately anchored
pilings or columns and securely anchored to such pilings or columns so that the
bottom of the lowest horizontal structural member of the lowest floor excluding the
pilings or columns} is elevated to or above the base flood level. The pile or
column foundation and structure attached thereto is anchored to resist flotation,
collapse, and lateral movement due to the effects of wind and water loads acting
simultaneously on all building components. Water loading values used shall be
those associated with the base flood. Wind loading values used shall be those
required by applicable state or local building standards.
B. All new construction and other development shall be located on the
landward side ofthe reach of mean high tide.
C. All new construction and substantial improvement shall have the
space below the lowest floor free of obstructions or constructed with breakaway
walls as defined in Section 2 ofthis ordinance. Such enclosed space shall not be
used for human habitation and will be usable solely for parking of vehicles,
building access or storage.
D. Fill shall not be used for structural support of buildings.
E. Man-made alteration of sand dunes which would increase potential
flood damage is prohibited.
F. The Floodplain Administrator shall obtain and maintain the following
records:
~ . Certification by a registered engineer or architect that a
proposed structure complies with Section 20-4.1.A; and
2. The elevation din relation to mean sea level} of the bottom of
the lowest horizontal structural member of the lowest floor excluding pilings or
columns} of all new and substantially improved structures, and whether such
structures contain a basement,
2o~5a VARIANCE pR~CEDURE
20-5.~ NATURE OF VARIANCES.
The issuance of a variance is forfloodplain management purposes only,
The variance criteria set forth in this section of the ordinance are based on
the genera! principle of zoning law that variances pertain to a piece ofproperfiy 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
ordinance would create an exceptional hardship to the applicant or the
surrounding property owners. The characteristics must be unique to the property
and not be shard by adjacent parcels. The unique characteristic must pertain to
the land itself, not to the structure, its inhabitants, orthe property owners.
It is the goal of the City Council to help protects 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 ordinance 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 otherthan a variance are more appropriate.
20-5~~ CONDITIONS FOR VARIANCES
A. Generally, variances may be issued for new construction, substantial
improvement, or other proposed new development to be erected on a lot of one-
half acre or less in size contiguous to and surraunded by lots with existing
structures constructed below the base flood level, providing that the procedures of
Sectl®ns 203 and 4 ofthis ordinance have been fully considered. As the lot size
increases beyond one-half acre, the technical justification required for issuing the
variance increases.
B. Variances may be issued for the repair or rehabilitation of "his~orlc
structures" has defined in Section 20-~ of this ordinance} 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 ofthe structure.
C. Variances shall not be issued within any mapped regulatory floodway if
any increase in flood levels during the base flood discharge would result.
D. Variances shall only be issued upon a determination thatthe variance in
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 ordinance, 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 reliefand preserve the integrity of the local ordinance.
E. Any applicant to whom a variance is granted shad be given written
notice overthe signature ofa community official that:
1. 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
2. Such 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 Alameda County Recorder and
shall be recorded in a manner so that it appears in the chain of title of the affected
parcel of land.
F. 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 Emergency Management Agency.
205.3 APPEAL ~~ARD.
A~ In passing upon requests far variances, the City Council shall consider
all technical evacuations, all relevant factors, standards specified in other sections
ofthis ordinance, and the:
others:
1. Danger the materials may be swept onto other lands to the injury of
2. Danger of life and property due to flooding or erosion damage;
3. Susceptibility of the proposed facility and its contents to flood
damage and the effect of such damage on the existing individual owner and future
owners ofthe property;
4, Importance of the services provided by the proposed facility to the
community;
5. Necessity to the facility ofa waterfront location, where applicable;
6. Availability of alternative locations for the proposed use which are
not subject to flooding or erosion damage;
7. Compatibility of the proposed use with existing and anticipated
development;
8. Relationship of the proposed use to the comprehensive plan and
floodplain management program for that area;
9. Safety to access to the property in time of flood for ordinary and
emergency vehicles;
10.l~xpected heights, velocity, duration, rate of rise, and sediment
transport ofthe flood waters expected at the site; and
11.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
B. Variances shall only be issued upon a:
1, Showing of good and sufficient cause;
2. Determination that failure to grant the variance would result in
exceptional "hardship" to the applicant; and
3. 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 see "Pubiic safety and nuisance"}, cause "gaud
and victimization" of the public, or conflict with existing local laws or ordinances.
C. Variances may be issued for new construction, substantial improvement,
and other proposed new development necessary far the conduct of a functionally
dependent use provided that the provisions of Sect~o,,,,,.,,, ,_,~.,,,,.,,,, 3 A,, throu,M,~,,_,,,,.~~~
. --- ; .~~ ~~ . n s 2 0 -5. ~.,,,.,~~~~ q h 5.3. D
are satisfied and that the structure or other development is protected b methods
y
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.
D. Upon consideration of the factors of Section ~U~5.2.A and the purposes
of this ordinance, the City Council may attach such conditions to the granting of
variances as it deems necessary to further the purposes of this ordinance.
~ ~ ~ ~ ~ ~
Presiding is r f th Council
Attest
Lary Weisiger, City C erk
City of Alameda
~~~~~~
I, the undersigned, hereby certify that the foregoing ordinance was duly end
regularly adapted and passed by the Council of the City of Alameda in a regular
meeting assembled on the ~ ~~" day of June, ~~~~ by the following vote to wit,
AY~~; Councilmembers deHaan, Gilmore, Matarrese, Tam and
Mayor Johnson - ~,
N~E~: None.
A~~ENT, None,
AB~T~NTION~~ None,
IN v11lTNE~~, v11H~RE0F, I have hereunto set ray hand and affixed the official seal of
said City this 1 ~~"day of June, ~g4~,
~,~.
Lara Weisiger, City erk
City of Alameda