HomeMy WebLinkAboutOrdinance - 2284 - Floodplain Combining District ORDINANCE NO. 22?,1
AN ORDINANCE OF THE CITY OF REDDING AMENDING
REDDING MUNICIPAL CODE CHAPTER 18.47, "FP"
FLOODPLAIN COMBINING DISTRICT.
The City Council of the City of Redding does ordain as follows:
Section 1. Redding Municipal Code Chapter 18.47 is repealed, and a new Chapter 18.47
("FP" Floodplain Combining District) is added to read as set forth in Exhibit A attached and made a
part hereof by reference.
Section 2. The passage of this ordinance is not a"project"according to the definition in the
California Environmental Quality Act, and therefore is not subject to the provisions requiring
environmental review.
Section 3. This ordinance shall take effect 60 days after the date of its adoption,and the City
Clerk shall certify the adoption thereof and cause its publication according to law.
I HEREBY CERTIFY that this ordinance was introduced and read by the City Council of the
City of Redding at a regular meeting on the 6th day of March , 2001; and was read and adopted
at a regular meeting on the 20th day of March , 2001, by the following vote:
AYES: COUNCIL MEMBERS: Cibula, Right, Pohlmeyer and Stegall
NOES: COUNCIL MEMBERS: None
ABSENT: COUNCIL MEMBERS: McGeorge
ABSTAIN: COUNCIL MEMBERS: None
/11. Z1.-/
Pat Right, Vide Mayor
Attest: Form Approved:
(-eci17--xzeii
/I/ z;2,/.//,.77:24
Connie Strohmayer, k W. Leonard Wingat City Attorney
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CHAPTER 18.47
"FP" FLOODPLAIN COMBINING DISTRICT
Sections: 6
EXHIBIT
18.47.010 Purpose.
18.47.020 Definitions.
18.47.030 Basis for Establishing Areas of Special Flood Hazard
18.47.040 General Provisions.
18.47.050 Uses Prohibited in a Floodway and Flood-Fringe Area.
18.47.060 Permitted Uses Within the Floodway and Flood Fringe.
18.47.070 Uses Requiring a Use Permit Within the Floodway and Flood Fringe.
18.47.080 Permitted Uses Within the City's "FP"District, Outside the Floodway and the Flood Fringe.
18.47.090 Construction Standards.
18.47.100 Existing Parcels.
18.47.110 Application for Encroachment into the Flood Fringe.
18.47.120 Equal Encroachment.
18.47.130 Environmental Review.
18.47.135 Whenever a Floodway or Floodplain is to be Altered or Relocated.
18.47.140 Warning and Disclaimer of Liability.
18.47.150 Nonconforming Uses in the Floodway or Floodplain.
18.47.160 Prohibitions.
18.47.170 Nuisance.
18.47.180 Standards for Subdivisions.
18.47.190 Variances.
18.47.010 Purpose. 3. Require that uses vulnerable to floods be
protected against flood damage by
A. The Federal Emergency Management Agency incorporating floodproof construction
(FEMA)requires that flood-hazard regulations be standards in their design or be developed
adopted by all agencies participating in the outside flood-prone areas at the time of their
National Flood Insurance Program which was initial construction.
established by Congress for the purpose of
minimizing flood losses by providing Federally 4. Protect riparian corridors along waterways by
subsidized flood insurance for existing structures reducing alterations to the natural floodplain
and reduced premiums for new structures. To and stream channels.
participate in the program,the City must adopt and
enforce floodplain-management measures to 5. Prohibit filling, grading, dredging, or
reduce the risk of flood losses. It is the purpose of development which may individually or
the "FP" Combining District to implement this cumulatively cause flood damage or danger
Federal mandate, to carry out the City's General to life or property.
Plan policies regarding development in floodplain
areas,and to provide land-use regulations in areas 6. Prevent stream erosion which may adversely
with properties situated within the designated affect the fisheries of streams and the river or
floodplains of rivers, creeks, streams, and water cause loss of property.
courses in order to:
7. Prevent the construction of flood barriers
1. Protect human life and health, safety,and which may unnaturally direct floodwaters or
welfare. raise flood levels thereby increasing flood
hazards in other areas.
2. Minimize public and private losses as a
product of floods or construction in flood- 8. Protect areas of pleasing appearance to the
hazard areas. community and visitors,enhance the natural
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• CHAPTER 18.47
environment through the provision of open e. Potential for increased erosion
space,break up the monotony of continuous upstream or downstream.
urban development,and increase community
pride. f. Potential for riprap and type of riprap.
9. Make every effort to preserve and improve g. Riparian habitat.
public access to and along the Sacramento
River and creeks for riding, hiking, fishing, h. Fisheries and wildlife.
and nature observation.
i. Urban trails and fishing access.
10. Encourage development to occur outside of
flood-prone areas. Discourage development j. Water temperature.
within the 100-year floodplain.
k. Aesthetics.
11. Reduce public liability and the need for
expensive Public Works projects in flood- 1. General Plan consistency.
prone areas. Minimize damage to public
facilities and utilities located in areas of m. Liability,both public and private.
special flood hazard.
n. Depth of floodplain and fill needed.
12. Preserve wildlife and wildlife habitat along
the Sacramento River and area creeks from o. Amount of existing usable area on
erosion, loss of vegetation, degradation of parcel and additional area to be
water quality,and loss of thermal cooling. created.
13. Ensure that adequate capacity for future p. Maintenance responsibility and costs.
urban runoff is reserved.
q. Short-term gains versus long-term
14. Recognize the Sacramento River as an costs.
economic resource for tourism, commercial
recreation, private recreation, and public r. Future increases in runoff.
enjoyment.
18. Protect individuals from buying land by
15. Ensure that as a product of any encroachment identifying such land which is unsuited for
into the floodplain, flood levels are not intended purposes because of flood hazards.
significantly raised on other properties.
19. Minimize prolonged business interruptions.
16. Ensure that stream velocities are not
significantly increased, which could cause 20. Minimize the need for rescue and relief
erosion above,below,or across from an area efforts associated with flooding and generally
of encroachment or realignment. undertaken at the expense of the general
public.
17. Ensure that proposals to encroach into
floodplains fully address the following issues: 18.47.020 Definitions.
a. Size of stream,major or minor. As used in this chapter, unless the context otherwise
requires, the following words and phrases shall have
b. Existing and future volume of water. the meanings respectively ascribed to them:
c. Existing and future changes in the 1. "Appeal" means a request for a review of the
velocity of water. Floodplain Administrator's interpretation of any
provision of this chapter or a request for a
d. Impact on adjoining properties. variance.
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CHAPTER 18.47
2. "Area of Shallow Flooding" means a designated 11. "Equal Conveyance" means an equal amount of
AO or AH Zone on the Flood Insurance Rate Map encroachment on both sides of a channel and an
(FIRM). The base flood depths range from one(1) equal displacement of water or narrowing of the
to three(3)feet;a clearly defined channel does not natural channel.
exist; the path of flooding is unpredictable and
indeterminate; and velocity flow may be evident. 12. "Existing Manufactured Home Park or
Such flooding is characterized by ponding or sheet Subdivision" means a manufactured home park,
flow. subdivision,or planned development for which the
construction of facilities for servicing the lots on
3. "Area of Special Flood Hazard" See"Special which the manufactured homes are to be affixed
Flood Hazard Area." (including, at a minimum, the installation of
utilities,the construction of streets,and either final
4. "Base Flood" means a flood having a site grading or the pouring of concrete pads) is
one (1) percent chance of being equaled or completed before January 19, 1988.
exceeded in any given year. Same as the 100-year
flood. 13. "Flood or Flooding" means a general and
temporary condition of partial or complete
5. "Basement"means any area of the building having inundation of normally dry land areas from(1)the
its floor below ground level on all sides. overflow of floodwaters,(2)the unusual and rapid
accumulation or runoff of surface waters from any
6. "Base Floodplain" means the area covered by a source, and/or (3) the collapse or subsidence of
base flood which is generally defined by FEMA as land along the shore of a lake or other body of
Zone A, AO, A1-30, and AE on the Flood water as a result of erosion or undermining caused
Insurance Rate Map or the base flood area or by waves or currents of water exceeding
elevation shown on any drainage study approved anticipated cyclical levels,or suddenly caused by
or adopted by the City (Citywide Storm Drain an unusually high water level in a natural body of
Master Plan by Montgomery-Watson Engineers water accompanied by a severe storm or by an
dated October 1993),whichever is highest. unanticipated force of nature such as flash flood or
by some similarly unusual and unforeseeable event
7. "Contiguous To" means property bordering the which results in flooding as defined in this
base floodplain which would have a finished lot definition.
level of less than one(1)foot above the base flood
elevation,unless otherwise protected. 14. "Flood Fringe" means the area between the 100-
year flood boundary and the floodway shown on
8. "Design Flood" means the flood against which the Flood Insurance Rate Maps incorporated in the
protection is to be provided by means of land-use Flood Insurance Study or on the Citywide Storm
regulation or flood-protective or flood-control Drain Master Plan,whichever is highest.
works. The design flood shall be the base flood
recurrence interval(see"Base Flood" definition). 15. "Flood Insurance Rate Map (FIRM)" means the
official map on which the Federal Insurance
9. "Development" means any manmade change to Administration has delineated the"floodway,"the
improved or unimproved real estate,including but "floodplain,"and"risk-premium"zones applicable
not limited to, buildings or other structures, to the City.
mining, dredging, filling, grading, landscaping,
paving,excavation,drilling operations,or storage 16. "Flood Insurance Study"means the official report,
of equipment or materials. provided by the Federal Insurance Administration
that includes flood profiles, the FIRM, the Flood
10. Encroachment"means the advance or infringement Boundary and Floodway Map, and the water-
of uses, plant growth, fill, excavation, buildings, surface elevation of the base flood.
permanent structures, or development into a
floodplain which may impede or alter the flow 17. "Floodplain"includes the Floodway,Flood Fringe,
capacity of a floodplain. and means the same as"Base Floodplain"and the
"Area of Special Flood Hazard." "Floodplain"or
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•• CHAPTER 18.47
"Floodplain Area"means any land area susceptible 22. "Floodplain Management Regulations" means
to being inundated by water from any source. (See zoning ordinances, subdivision regulations,
definition of "Flooding.") The elevations and building codes,health regulations,special-purpose
boundaries of flooding within the floodplain are ordinances (such as Floodplain Ordinance,
defined by Zones A, AO, A1-30, and AE of the Grading Ordinance, and Erosion-Control
Flood Insurance Rate Map prepared by the Federal Ordinance), and other applications of police
Emergency Management Agency or as shown on power. The term describes such State or local
any drainage study(Citywide Storm Drain Master regulations in any combination thereof which
Plan by Montgomery-Watson Engineers dated provide standards for the purpose of flood-damage
October 1993) approved or adopted by the City, prevention and reduction.
whichever is highest.
23. "Flood Proofing" means any combination of
For creeks where FEMA or the Citywide Storm structural and nonstructural additions,changes,or
Drain Master Plan has not established floodplain adjustments to structures which reduces or
elevations with a detailed study, the elevations eliminates flood damage to real estate or improved
shall be determined by a registered civil engineer real property, water and sanitary facilities, and
and approved by the Planning Commission structures and their contents.
pursuant to Section 18.47.110. Backwater areas
along the Sacramento River or creeks which rise or 24. "Flood Protection" means an action taken to
fall with the level of water in the adjacent stream protect property and structures from inundation by
are considered to be within the floodplain,unless the base flood or greater event.
proven by a licensed hydrologist/engineer that
those water levels are not the same as the 25. "Flood Protection Elevation" means an elevation
floodplain of the adjacent stream and have a expressed in feet, which the City requires for
floodplain of their own. elevation of the lowest floor above the 100-year
floodplain. The City's required Flood Protection
18. "Floodplain Administrator" is the Development Elevation is a minimum of one (1) foot. The
Services Director or the designee appointed to 100-year floodplain is defined by the Flood
administer and enforce the City's floodplain Insurance Rate Maps prepared by FEMA or the
management regulations and the City's Community Citywide Storm Drain Master Plan by
Rating Service(CRS)program. Montgomery-Watson Engineers, whichever is
highest.
19. "Floodplain Area" means an area having flood,
mud slide (i.e., mud flow) and/or flood-related 26. "Flood-Related Erosion" means the collapse or
erosion hazards as shown on a FIRM or Flood subsidence of land along the shore of a river,
Boundary and Floodway Map and also that area creek,or other body of water as a result of erosion
shown on any drainage study (Citywide Storm or undermining caused by currents of water
Drain Master Plan) approved or adopted by the exceeding anticipated cyclical levels or suddenly
City,whichever is highest. caused by an unusually high water level in a
natural body of water accompanied by a severe
20. "Floodplain District(FP)" is a zoning district that storm or by an unanticipated force of nature such
is combined with other zoning designations of lots as a flash flood or by some similarly unusual and
that are either wholly or partially within the unforeseeable event which results in flooding.
floodplain.
27. "Floodway"means the channel of a river or other
21. "Floodplain Management"means the operation of watercourse and the adjacent land areas that must
an overall program of corrective and preventive be reserved in order to discharge the base flood
measures for reducing flood damage and without cumulatively increasing the water surface
preserving and enhancing,where possible,natural elevation more than one (1) foot. "Floodway"
resources in the floodplain, including, but not includes those areas so designated on any drainage
limited to, emergency preparedness plans, flood- study approved or adopted by the City.
control works,floodplain management regulations,
and open-space plans.
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CHAPTER 18.47
28. "Freeboard"means a factor of safety expressed in computational procedure is based on the solution
feet above a flood level for purposes of floodplain of the one-dimensional energy equation with
management. "Freeboard"tends to compensate for energy loss due to friction evaluated with
the many unknown factors that could contribute to Manning's equation. The computational procedure
flood heights greater than the height calculated for is generally known as the Standard Step Method.
a selected size flood and floodway conditions such The program is also designed for application in
as wave action, bridge openings, and the floodplain management and flood-insurance
hydrological effect of urbanization of the studies to evaluate floodway encroachments and to
watershed. designate flood-hazard zones. Also, capabilities
are available for assessing the effects of channel
29. "Hydraulic Engineering Center Model 1 (HEC-1) improvements and levees on water-surface
(succeeded by HEC-HMS)" The model is profiles.
designed to simulate the surface runoff response of
a stream basin to precipitation by representing the 31. "Hydraulic Engineering Center Water Resources
basin as an interconnected system of hydrologic Council Model CPD-13" This model is used in
and hydraulic components. Each component calculating the flood-frequency curve from data
models an aspect of the precipitation-runoff over a period of time from stream-gauge history of
process within a portion of the basin, commonly sufficient length (40 years, if available; if only
referred to as a subbasin. A component may 20 years or less is available, several gauges or
represent a surface-runoff entity,a stream channel, other methodologies should be considered). The
or a reservoir. Representation of a component model is capable of developing confidence limits
requires a set of parameters which specify the associated with the frequency curve.
particular characteristics of the component and
mathematical relations which describe the physical 32. "Lowest Floor" means the lowest floor of the
processes. The result of the modeling process is lowest enclosed area, including a basement. An
the computation of stream flow by hydrographs at unfinished or flood-resistant enclosure below the
desired locations in the stream basin. lowest floor that is usable solely for parking of
vehicles, building access or storage in an area
The model can be used in making flood other than a basement area is not considered a
predictions from rainfall runoff for any state of building's lowest floor, provided it conforms to
upstream urbanization. In so doing, the model applicable non-elevation design requirements,
considers time of concentration and detention including,but not limited to:
characteristics of the tributary area. The model
can also be used to estimate the velocity of surface a. The wet floodproofing standard in Section
water but cannot be used to determine backwater- 18.47.090(D)(3).
curve elevations. A hydraulic computer program
(HEC-2) is generally used in conjunction with b. The anchoring standards in Section
HEC-1 to obtain backwater curves or surface- 18.47.090(B).
water profiles.
c. The construction materials and methods
The model can also be used to develop discharge- standards in Section 18.47.090(C).
frequency curve and associated levels of
confidence through sensitivity analysis of rainfall d. The standards for utilities in Section
and runoff parameter input. 18.47.090(E).
30. "Hydraulic Engineer Center Model 2 (HEC-2) For residential structures, all subgrade enclosed
(succeeded by HEC-RAS)" This model is areas are prohibited because they are considered to
intended for calculating water-surface profiles for be basements. This prohibition includes below-
steady, gradually varied flow in natural or grade garages and storage areas.
manmade channels. Both subcritical and
supercritical flow profiles can be calculated. The 33. "Manufactured Home" means a structure,
effects of various obstructions such as bridges, transportable in one or more sections, which is
culverts, weirs, and structures in the floodplain built on a permanent chassis and is designed for
may be considered in the computations. The use with or without a permanent foundation when
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•
• • CHAPTER 18.47
connected to the required utilities. The term c. Designed to be self-propelled or permanently
"Manufactured Home" does not include a towable by a light-duty truck.
"recreational vehicle."
d. Designed primarily not for use as a
34. "Manufactured Home Park or Subdivision"means permanent dwelling,but as temporary living
a parcel (or contiguous parcels) of land divided quarters for recreational, camping,travel,or
into two or more manufactured home lots for rent seasonal use.
or sale.
40. "Remedy a Violation"means to bring the structure
35. "Market Value of the Structure" shall be or other development into compliance with State
determined by estimating the cost to replace the or local floodplain management regulations or, if
structure in a new condition and adjusting that cost this is not possible, to reduce the impacts of its
figure by the amount of depreciation which has noncompliance. Ways that impacts may be
accrued since the structure was constructed. The reduced include:
cost of replacement of the structure shall be based
on a square-foot cost factor determined by a. Protecting the structure or other affected
reference to a building cost estimating guide development from flood damages.
recognized by the building construction industry as
approved by the Floodplain Administrator. The b. Implementing the enforcement provisions of
amount of depreciation shall be determined by the ordinance or otherwise deterring future
taking into account the age,physical deterioration similar violations.
of the structure, and functional obsolescence as
approved by the Floodplain Administrator, but c. Reducing State or Federal financial exposure
shall not include economic obsolescence. Use of with regard to the structure or other
replacement costs or accrued depreciation factors development.
different from those contained in recognized
building cost estimating guides maybe considered 41. "Riverine" means relating to, formed by, or
only if such factors are included in a report resembling a river(including tributaries),stream,
prepared by an independent professional appraiser brook,etc.
and supported by a written explanation of the
differences. 42. "Scenic or Riparian Corridor" includes areas that
border segments of seasonal creeks and all of the
36. "New Construction" for floodplain management Sacramento River's floodplain which contain
purposes means structures for which the "start of vegetation natural to waterways.
construction"commenced on or after the effective
date of floodplain management regulations 43. "Special Flood Hazard Area (SFHA)" means an
adopted by this community (July 1, 1985) and area having special flood or flood-related erosion
includes any subsequent improvements to such hazards and shown on a FIRM as Zone A, AO,
structures. Al-30,AE,or AH.
37. "No-rise Floodway and Flood Fringe" refers to 44. "Standard Project Flood" is the largest flood that
maintenance of the City's floodway and floodplain can be expected from the most severe combination
fringe with no rise in floodplain elevations that of meteorological and hydrological conditions
would adversely affect properties. reasonably characteristic of the geographical
region involved. Such a flood provides a
38. "One-hundred-year flood" means the same as reasonable upper limit to be considered in
"base flood." designing flood-control works and in delineating
floodplain limits and shall be generally applicable
39. "Recreational Vehicle"means a vehicle which is: where its occurrence would have a high probability
of hazard to human life.
a. Built on a single chassis.
45. "Start of Construction" includes substantial
b. 400 square feet or less when measured at the improvement and other proposed new
largest horizontal projection. development and means the date the building
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• CHAPTER 18.47
permit was issued, provided the actual start of Inventory of Historic Places, provided that
construction,repair,reconstruction,rehabilitation, the alteration will not preclude the structure's
addition, placement, or other improvement was continued designation as a "historic
within 180 days from the date of the permit. The structure."
actual start means either the first placement of
permanent construction of a structure on a site, 48. "Variance" means a grant of relief from the
such as the pouring of slab or footings, the requirements of this chapter which permits
installation of piles, the construction of columns, construction in a manner that would otherwise be
or any work beyond the stage of excavation;or the prohibited by this chapter.
placement of a manufactured home on a
foundation. Permanent construction does not 49. "Velocity of Water"is the rate of flow measured in
include land preparation,such as clearing,grading, feet per second at specified depths within the
and filling; nor does it include the installation of floodway, flood fringe, or area immediately
streets and/or walkways; nor does it include adjacent to a proposed floodplain encroachment.
excavation for a basement, footings, piers, or
foundations or the erection of temporary forms; 50. "Violation" means the failure of a structure or
nor does it include the installation on the property other development to be fully compliant with the
of accessory buildings, such as garages or sheds City's floodplain-management regulations. A
not occupied as dwelling units or not part of the structure or other development without the
main structure. For a substantial improvement,the elevation certificate, other certifications, or other
actual start of construction means the first evidence of compliance required in this chapter is
alteration of any wall, ceiling, floor, or other presumed to be in violation until such time as that
structural part of a building, whether or not that documentation is provided.
alteration affects the external dimensions of the
building. 18.47.030 Basis for Establishing Areas of
Special Flood Hazard.
46. "Substantial Damage"means damage of any origin
sustained by a structure whereby the cost of The areas of special flood hazard identified by the
restoring the structure to its before-damaged Federal Insurance Administration(FIA)of the Federal
condition would equal or exceed 50 percent of the Emergency Management Agency(FEMA)in the Flood
market value of the structure before the damage Insurance Study(FIS) dated September 29, 1989, and
occurred. accompanying Flood Insurance Rate Maps (FIRMS)
with Map Index dated September 29, 1989, and all
47. "Substantial Improvement" means any subsequent amendments and/or revisions, are hereby
reconstruction, rehabilitation, addition, or other adopted by reference and declared to be a part of this
proposed new development of a structure,the cost ordinance. The FIS and attendant mapping are the
of which equals or exceeds 50 percent of the minimum area of applicability of this ordinance and are
market value of the structure before the "start of supplemented by the Citywide Storm Drain Master
construction" of the improvement. This term Plan by Montgomery-Watson Engineers dated October
includes structures which have incurred 1993. The FIS, FIRMs, and the Montgomery-Watson
"substantial damage," regardless of the actual drainage study are on file at the Development Services
repair work performed. The term does not, Department,777 Cypress Avenue,Redding,California
however, include either: 96049-6071.
a. Any project for improvement of a structure to 18.47.040 General Provisions.
correct existing violations of State or local
health,sanitary,or safety code specifications A. Applicability.
which have been identified by the local code
enforcement official and which are the The regulations of this chapter provide seven
minimum necessary to ensure safe living levels ofprotection within and along waterways of
conditions. the "FP" Combining District by (1) generally
prohibiting development within the floodway,
b. Any alteration of a structure listed on the (2)allowing only limited use and development in
National Register of Historic Places or a State the flood fringe, (3) regulating uses and
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• • CHAPTER 18.47
development on properties contiguous to the flood B. Interpretation
fringe and outside of the floodplain,which do not
meet the minimum protection standards, 1. Except as provided for in this chapter,all
(4) reviewing proposed development located in development and uses in the base floodplain,
designated scenic corridors, (5) reviewing all including grading and fill, are prohibited
development permits to determine that the permit without approval as specified herein.
requirements of this chapter have been satisfied,
(6)reviewing all permits to determine that the site 2. Any development within the floodplain as
is reasonably safe from flooding,and(7)reviewing determined by FEMA or higher floodplain
all development permits to determine if the elevation adopted by the Citywide Storm
proposed development adversely affects the flood- Drain Master Plan shall comply with the
carrying capacity of the area of special flood standards of Section 60.3 (a,b,c,and d)and
hazard. Section 60.6(a)of the Rules and Regulations
of the National Flood Insurance Program
Accordingly, the regulatory scope of this chapter (44 CFR 59), incorporated herein by
is as follows: reference;the development standards of this
chapter; and any conditions of approval
1. These regulations and standards shall be applied to the development.
applied uniformly to all lots which, after
considering evidence from flood experience 3. Where there appears to be a conflict between
and engineering studies, are deemed subject a mapped boundary and actual field
to inundation by a 100-year flood or are conditions and the conflict cannot be
within the "FP" District of the City limits. attributed to fill material being deposited to
These regulations and standards are alter the elevations, the Floodplain
recommended for all lots meeting the same Administrator and Public Works Director
criteria within the City's sphere of influence. may make interpretations, where needed, as
to the exact location of the boundary of the
2. These regulations and standards shall apply to floodway and 100-year floodplain consistent
land outside the FEMA floodplain but within with the purpose of this chapter. Any person
the"FP"District if the Planning Commission contesting the location of the boundary shall
determines that the proposed development or be given a reasonable opportunity to appeal
use of the property bears relationship to the the interpretation to the Planning
floodplain, has an unprotected lowest floor Commission. Such appeals shall be reviewed
level of less than two (2) feet above the consistent with the variance and exception
100-year flood elevation, may adversely procedures of Title 44, Section 60.6 of the
affect a designated scenic corridor,or is in an Rules and Regulations of the National Flood
area where a potential of bank undermining Insurance Program (44 CFR 59, etc.). All
exists. costs for information necessary to make an
interpretation shall be borne by the property
3. Property that is zoned "U" Unclassified owner and shall follow the procedures listed
District and is determined to be contiguous in Section 18.47.110.
to, within, or partially within the floodplain
subsequent to the adoption of this chapter is 4. Backwater areas along streams,which rise or
automatically subject to the regulations of the fall with the level of water in the adjacent
"FP" Combining District without further stream, are considered to be within the base
consideration by the Planning Commission floodplain of the adjacent creek or stream
and City Council and shall be considered as if unless proven by a registered hydrologist/
already zoned"FP" Floodplain District. engineer that these water levels are not the
same level as the base flood of the adjacent
4. Ensure that floodplain development does not stream and may have a base floodplain of
unnecessarily adversely affect a scenic their own.
corridor or riparian habitat.
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•
• • CHAPTER 18.47
5. When base flood elevation data has not been district combined with the"FP" District,meet FEMA
provided by Federal,State,or local agencies, development standards, and are approved by all
the owner shall be responsible for obtaining agencies with jurisdiction:
the information in accordance with Section
18.47.110. A. Emergency actions approved by the City Manager
taken to protect existing property or facilities,not
6. The Public Works Department and including concrete or asphalt riprap or narrowing
Development Services Department will the existing channel.
review proposed development to ensure that
all necessary permits have been received from B. Removal of water-deposited debris that could
those governmental agencies from which result in channel alteration subject to obtaining a
approval is required by Federal or State law, grading permit and any permits from the
including Section 404 of the Federal Water Department of Fish and Game.
Pollution Control Act Amendments of 1972
and CDFG's 1601 or 1603 Agreements. C. Maintenance and repair to existing structures and
yards pursuant to Chapter 18.58 of this code and
18.47.050 Uses Prohibited in a Floodway and normal maintenance of existing channels,ditches,
Flood-Fringe Area. or levees.
Structures or insurable improvements other than those D. Bridges with a design capacity to pass a 100-year
listed in Section 18.47.060(A)through(D)and Section flood without impedance of base floodwaters
18.47.070(A) through (E) shall not be located within (bridges without piers or abutments in the
the floodway. floodway), taking into consideration full
urbanization of the tributary area.
The following uses in a floodway and flood-fringe area
are prohibited unless the area is raised to a height of 18.47.070 Uses Requiring a Use Permit Within
Flood Protection Elevation(one(1)foot above the base the Floodway and Flood Fringe.
floodplain elevation) based upon an approved
application for encroachment: The following uses may be permitted by use permit in
the "FP" District for the area of floodway and flood
A. The storage or processing of materials that,in time fringe, provided such uses meet the standards of
of flooding,are buoyant or explosive;that could be Section 18.47.090 and Section 18.47.110 and are
injurious to human, animal, or plant life; or that approved by all agencies with jurisdiction:
may affect the capacity of the floodway or increase
flood heights. In the Floodway or Flood Fringe
B. The storage or parking of recreational vehicles as A. Dams or diversions for water supply, flood
defined in Section 18.47.020 within the floodway control, hydroelectric production, irrigation, or
or floodplain of local streams. fisheries enhancement. Levees and pumping
stations.
C. Underground storage of toxic or flammable
substances that could be injurious to human, B. Actions approved by the Department of Fish and
animal,or plant life. Game to enhance riparian or wildlife habitat.
Streambank stabilization structures.
D. Fences or walls.
C. Gravel-and sand-extraction operations along such
E. Swimming pool equipment. waterways as Stillwater Creek, Clear Creek, and
the Sacramento River when a riparian and fishery
18.47.060 Permitted Uses Within the reclamation plan has been approved by the
Floodway and Flood Fringe (not requiring a Planning Commission and necessary permits have
use permit). been obtained from the State Department of Fish
and Game and the Army Corps of Engineers,
The following uses are allowed within the floodway provided such operations will not broaden the
and flood fringe, provided they are allowed in the
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•
floodplain nor direct flood flows out of the natural 3. The use is consistent with the zoning of the
floodplain. parcel.
D. Bridges with piers or abutments in the floodway or 4. Adequate floodproofmg and/or flood-
flood fringe. protection measures have been installed
meeting with the approval of the Floodplain
E. Water-related recreational uses not exceeding Administrator, City Engineer, Building
thirty (30) consecutive days in any one (1) year, Official, Fire Marshal, and Planning
excluding recreational uses that create permanent Commission.
improvements or would result in destruction of
banks. 18.47.080 Permitted Uses Within the City's
"FP" District, Outside the Floodway and the
In the Flood Fringe Only Flood Fringe.
F. Public parks, picnic areas, playgrounds, boat The following uses are permitted without a use permit
launch, equestrian, pedestrian and bicycle trails, in the"FP"District for the area outside the flood fringe:
and golf courses which involve only the open use
of land without permanent structures and which do A. Any permitted use in the district combined with
not impede flood flows. the "FP" District, provided there is not any
encroachment into the base floodplain. The
G. Underground utilities including sewer, water, minimum setback from the base floodplain lines
electric, telephone, and cable lines properly shall be thirty (30) feet when adjacent to the
floodproofed. Overhead electric lines greater than Sacramento River where there is moving water.
12kV. The minimum setback from the base floodplain
line shall be fifteen(15)feet,when adjacent to any
H. Agriculture and hobby farming, including field creek. The lowest floor elevation of any habitable
crops,orchards,vineyards,and grazing. structure shall be one (1) foot above the base
floodplain elevation,as identified by FEMA or the
I. New residential or substantially improved City's Master Storm Drain Study, whichever is
residential structures, agricultural, commercial, highest, and the structure shall have year-round
and industrial structures permitted by the access not subject to inundation by a base flood of
underlying district regulations involved,provided a depth of more than one(1) foot.
floodproofing and/or flood-protective measures
have been installed in a manner meeting with the 18.47.090 Construction Standards.
approval of the Floodplain Administrator, City
Engineer,Building Official,and Fire Marshal. Any structures or construction activities within the
flood fringe shall be subject to the following:
J. Mobile homes or manufactured homes.
K. The storage or parking of recreational vehicles A. Construction, General.
within the floodplain of the Sacramento River. 1. No construction or grading is to limit the
capacity of the floodway or increase the base
L. Unless otherwise noted, any use allowed by the
flood elevation unless the following
district with which the "FP" District is combined requirements are met:
may be permitted subject to obtaining a use permit
and meeting the standards of Sections 18.47.090 a. Revision to the Flood Insurance Rate
and 18.47.110, provided the following are in Map is prepared by the applicant's
evidence: engineer and is adopted by FEMA in
accordance with 44 CFR 65 to
1. The use meets the provisions of this chapter. incorporate the increase in the base
2. The use is consistent with the Redding flood elevation.
General Plan. b. Appropriate legal documents are
prepared in which all property owners
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CHAPTER 18.47
affected by the increased base flood Development Services Department for
elevations consent to the impacts on approval and to verify that certification
their property. requirements have been met.
B. Anchoring. 2. Nonresidential construction,including new or
substantial improvement, shall either be
1. All new construction and substantial elevated consistent with Section
improvements subject to a 100-year flood I8.47.090(D)(1) or together with attendant
shall be anchored to prevent flotation, utility and sanitary facilities shall be required
collapse,or lateral movement of the structure. to do the following:
C. Construction Materials and Methods. a. Be floodproofed below the elevation
recommended under Section
1. All new construction and substantial 18.47.090(D)(1)so that the structure is
improvements shall be constructed with watertight with walls substantially
materials and utility equipment resistant to impermeable to the passage of water.
flood damage and flood-resistant materials as
specified in FEMA Technical Bulletin 2-93 b. Have structural components capable of
entitled, Flood-Resistant Materials resisting hydrostatic and hydrodynamic
Requirement, when subject to a 100-year loads and effects of buoyancy.
flood.
c. Be certified by a registered
2. All new construction and substantial professional engineer, licensed land
improvements shall use methods and surveyor,or architect that the standards
practices that minimize flood damage. of this subsection and the standards
required in FEMA Technical Bulletin
3. All nonstructural elements that function as a 3-93, entitled Nonresidential
part of the structure such as furnace, hot- Floodproofing Requirements and
water heater, air conditioner, electrical Certification are satisfied. Such
equipment, plumbing fixtures, and other certifications shall be provided to the
service facilities shall be elevated to one (1) City's Development Services
foot above the base flood elevation or to the Department.
depth number specified on the Flood
Insurance Rate Map(FIRM)or the Citywide 3. All new construction and substantial
Storm Drain Master Plan(whichever is more improvement with fully enclosed areas below
restrictive),plus one(1)foot. the lowest floor (excluding basements) that
are usable solely for parking of vehicles,
D. Elevation and Floodproofing. building access, or storage and which are
subject to flooding shall be designed to
1. Residential construction, including new or automatically equalize hydrostatic flood
substantial improvement in flood zones A, forces on exterior walls by allowing for the
AE, AO, or Al-30, shall have the lowest entry and exit of floodwaters. Designs for
floor, including basement, elevated a meeting this requirement must meet the
minimum of one (1) foot above the base specifications in the FEMA Technical
floodplain elevation as determined by the Bulletins 1-93 and 7-93,entitled Openings in
FIRM maps, by the method in Section Foundation Walls and Wet Floodproofing
18.47.110,or by the Citywide Master Storm Requirements, respectively, and/or exceed
Drain Study by Montgomery-Watson the following minimum criteria:
Engineers,whichever is more restrictive. The
elevation of the lowest floor, including the a. Be certified by a registered
basement, shall be certified by a registered professional engineer or architect.
professional engineer or licensed land
surveyor per Section 18.47.040(D)(4)and(5). b. Have a minimum of two openings on
Said certification shall be submitted to the different sides of the structure,having
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•
• CHAPTER 18.47
a total net area of not less than one 2. On-site, waste-disposal systems shall be
square inch for every square foot of located to avoid impairment to them or
enclosed area subject to flooding. The contamination from them during flooding.
bottom of all openings shall be no
higher than one foot above grade. F. Standards for Levees.
Openings may be equipped with
screens, louvers, valves, or other 1. Design criteria for levees shall incorporate
coverings or devices,provided that they adequate design,operation,and maintenance
permit the automatic entry and exit of systems to provide protection from the base
floodwaters. flood. The following requirements must be
met:
4. An Elevation Certificate for residential
construction (FEMA Form 81-31) of the a. Freeboard - Riverine levees must
lowest adjacent grade and lowest floor,based provide a minimum freeboard of three
on construction drawings, shall be required (3) feet above the water-surface level
prior to issuance of a building permit. Prior of the base flood. An additional one
to pouring a foundation, the engineer shall (1)foot above the minimum is required
provide written verification that the within 100 feet of either side of
foundation form elevations are consistent structures (such as bridges)riverward
with elevations shown on approved of the levee or wherever the flow is
construction drawings. A second certification constricted. An additional one-half
of the elevation of the lowest floor and (Y2) foot above the minimum at the
utilities is required at the time of finished upstream end of the levee,tapering to
construction prior to final building permit not less than the minimum at the
approval(prior to occupancy). The Elevation downstream end of the levee, is also
Certificates must be prepared by a licensed required.
land surveyor, registered professional
engineer, or architect who is authorized by G. Standards for Manufactured Homes.
State or local law to certify elevation and
shall be approved by the Development 1. All manufactured homes that are placed or
Services Department. Failure to submit substantially improved within Zones A,AO,
elevation certification shall be cause to issue A1-30, AE, or AH on the Flood Insurance
a stop-work order for a project. Rate Map or in the 100-year floodplain as
identified on the Citywide Storm Drain
5. An Elevation Certificate(FEMA Form 81-31) Master Plan shall be elevated on a permanent
or a nonresidential Floodproofing Certificate foundation such that the lowest floor of the
(FEMA Form 81-65) for nonresidential manufactured home is elevated at least one
construction is required prior to issuance of a (1) foot above the base floodplain elevation
building permit. Prior to pouring a and be securely fastened to an adequately
foundation,the engineer shall provide written anchored foundation system to resist flotation
verification that the foundation form collapse and lateral movement.
elevations are consistent with elevations
shown on approved construction drawings. A 18.47.100 Existing Parcels.
second Elevation Certificate is required at the
time of finished construction, prior to the Existing parcels which,at the time of the effective date
final building permit. of this chapter,fall wholly within a floodplain or which
have a residual area outside the floodplain which, by
E. Standards for Utilities. itself, does not meet the minimum lot size for the
zoning district in which it is located or is less than
1. All new and replacement water-supply and 5,000 square feet,whichever is less,may seek relief as
sanitary-sewage systems shall be designed to follows:
minimize or eliminate infiltration of
floodwaters into the system and discharge A. Petition to encroach into the flood fringe pursuant
from systems into floodwaters. to Section 18.47.110.
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CHAPTER 18.47
B. Seek a use permit to reduce any required setback 8. Any offer to dedicate flood fringe shall also
by fifty(50)percent,provided the floodplain area include any adjacent floodway under the
is placed in an open-space easement or dedicated same ownership.
to the City.
9. Areas that are surrounded by floodway are
C. Offer to dedicate the flood-fringe area to the City not considered eligible for density credit.
Council in exchange for a dwelling-unit credit at a
ratio of one (1)unit per ten(10) acres dedicated. 18.47.110 Application for Encroachment Into
Floodplain areas claimed by the State of California the Flood Fringe.
(Reclamation Board's designated floodway)are not
eligible for a dwelling-unit credit. If the City Property owners requesting permission to encroach into
Council approves the exchange,the dwelling-unit the flood fringe shall submit to the Planning
credit could then be added to the density of any Commission a hydraulic assessment of the base flood
unsubdivided residential property of five(5)acres event prepared by a hydrologist who is a registered civil
or more in the City subject to the following: engineer. The cost of evaluating the analysis by the
City or its consultant will be the responsibility of the
1. Any dwelling-unit credit must be used within applicant. The assessment shall meet the requirements
five(5)years of the date approved by the City for surveying, hydraulic analysis, and flood-flow
Council. frequency analysis,as outlined in the Guidelines and
Specifications for Study Contractors prepared by
2. The density of the recipient property is not FEMA, dated January 1995, or as subsequently
increased by more than twenty (20) percent amended. The City shall specify the hydraulic method
above what the Redding General Plan and model to be used. Acceptable models for water-
otherwise would allow. surface profiles include the latest version of the HEC-2,
HEC-RAS, HEC-HMS, HSPF, or other identical
3. The dwelling-unit credit would not change models. The City shall also require that calculations
the intended use shown by the General Plan. include the runoff from projected upstream
For example,single family would not become urbanization of the tributary area, which may be
multiple family. obtained from the HEC-1 (HEC-HMS) hydrograph
model.
4. The development of the recipient property
meets all other standards of the City Except along the Sacramento River, the assessment
pertaining to the property. shall include a flood-flow frequency analysis obtained
from HECWRC Program Model(CPD 13); and when
5. The dwelling-unit credit is not in addition to there is insufficient gauged flood history, then the
any other bonus-density provisions sought for frequency analysis and associated levels of confidence
the property. shall be developed through sensitivity analysis of
6. Any dwelling-unit credit shall be in the form rainfall and runoff parameters impacts using HEC-1
of a recorded agreement. (HEC-HMS). The results of the estimated frequency
curve of the base flood event and resulting surface-
7. The fringe area shall be calculated as follows: water analysis shall be compared with a frequency chart
using a ninety(90)percent confidence limit and curves
The base floodplain elevation and the edge of of standard deviations from the mean versus the
floodway shall be plotted on a one- (1) to frequency exceedance range, showing bands of
four- (4) foot interval contour map of the confidence ranging from.05 to.95.
property. The area then bounded by the edge Except along the Sacramento River, the assessment
of floodway, edge of base floodplain, and shall also include calculations and cross sections with
property lines shall then be planimetered to a minimum interval of 100 feet or less based on one-
calculate the flood fringe. That number shall (1) foot contour intervals and shall be submitted in a
then be divided by ten(10)and reduced to the format for review by the City relative to FEMA Flood
nearest whole number. In the event the flood- Insurance Study Guidelines. Additional information
fringe area is less than ten(10)acres,one(1) may also be required by the City as necessary to make
dwelling unit credit can be given. a final determination.
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CHAPTER 18.47
18.47.120 Equal Encroachment. is probable that larger floods can and will occur, that
the base flood may occur more often than the one(1)
All requests for encroachments into a floodplain shall, percent frequency, and that flash floods may cause
to the greatest extent possible,assume equal encroach- equal or greater damage. Flood heights inside the City
ment on both sides of a stream,unless it can clearly be limits may also be increased by manmade or natural
determined that the opposite bank above the base causes in unincorporated areas. This chapter does not
floodplain elevation which would be affected is imply that land outside the Areas of Special Flood
unusable and not subject to erosion or undercutting Hazards or uses permitted within such areas will be free
from increased water velocity or raised flood levels or from flooding or flood damage. This chapter shall not
has been placed in a permanent open-space status to the create liability on the part of the City or any officer or
extent that there would be no impact from an increase employee thereof,the State of California,or the Federal
in the level of the base flood. Insurance Administration of the Federal Emergency
Management Agency for any flood damages that result
18.47.130 Environmental Review. from reliance on this chapter or any administrative
decision lawfully made thereunder.
Any application for encroachment into a flood-fringe
area shall be subject to environmental clearance under 18.47.150 Nonconforming Uses in the
the California Environmental Quality Act (CEQA). Floodway or Floodplain.
Any encroachment which significantly raises the
projected flood levels on adjacent property or has the If any nonconforming use or structure within the
potential to increase erosion or diverts the natural flow floodway is destroyed by any means,including floods,
of water shall be subject to an environmental impact to an extent of fifty(50)percent or more of its market
report. The environmental impact report shall evaluate value as defined in Section 18.47.020, it shall not be
the area needed to make a determination, taking into reconstructed. Within the flood fringe,a structure may
consideration the cumulative and long-term impact of be reconstructed pursuant to the Nonconforming Uses,
the proposed encroachment, the relationship of the Structures Section of the City's Zoning Code,provided
project to the purpose of this chapter, and alternatives that upon reconstruction,the structure is adequately and
to the proposed project. safely floodproofed,elevated,or otherwise protected in
conformity with the requirements of this ordinance.
18.47.135 Whenever a Floodway or
Floodplain is to be Altered or Relocated. 18.47.160 Prohibitions.
The City will notify adjacent communities and the No building permit, license, certificate, or other
California Department of Water Resources prior to approval or entitlement shall be issued or given by the
such alteration or relocation of a floodway or City or any department or employee thereof with
floodplain,submit evidence of such notification to the respect to any improvement until the design of the
Federal Emergency Management Agency in a request improvement has been approved, as provided in this
for a Conditional Letter of Map Revision (CLOMR), chapter, and the 100-year flood elevation has been
and ensure that the flood-carrying capacity of the determined. No certificate of use and occupancy or
altered or relocated portion of said watercourse is similar approval shall be issued or given for any
maintained. Preparation of the Conditional LOMR improvement subject to use permit by this chapter,
application by the applicant's engineer and approval of unless and until a representative of the Development
the Conditional LOMR by FEMA will be required prior Services Department has certified that the improvement
to issuance of a grading permit or building permit. has been completed in accordance with the use permit
Approval of the Final LOMR is typically required prior approved pursuant to this chapter.
to Final building permit approval (Certificate of
Occupancy). 18.47.170 Nuisance.
18.47.140 Warning and Disclaimer of A. Any improvement constructed,located, repaired,
Liability. altered, or maintained contrary to the provisions
hereof, after the effective date of this chapter, is
The degree of flood protection required by this chapter hereby declared to be unlawful and a public
is considered reasonable for regulatory purposes and is nuisance. If any permit is issued based on plans or
based on scientific and engineering considerations. It other submittals by the applicant or his/her
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• • • CHAPTER 18.47
• representative which are contrary to the chapter or adjacent grade. If the site is filled above the base
Planning Commission approval,the applicant shall floodplain,the final pad elevation shall be certified
be responsible for correcting any work done under by a registered professional engineer or surveyor
such permit in order to bring it into conformance and provided to the Director of Public Works and
with the approved design. shown on the final map. Approval of a
Conditional Letter of Map Revision(CLOMR)by
B. Any grading or filling within the floodplain FEMA shall be required prior to grading.
contrary to the provisions of this chapter is hereby
declared unlawful and a public nuisance. C. All subdivision proposals shall be consistent with
the need to minimize flood damage.
C. When the Director of Public Works has been made
aware of the unlawful deposit of fill or grading D. All subdivision proposals shall have public utilities
within the floodplain,he shall advise the property and facilities such as sewer, gas, electrical, and
owner by registered mail that such material shall water systems located and constructed to minimize
be removed within thirty (30) working days and flood damage.
that a riparian reclamation plan must be submitted
for approval by the Planning Commission within E. All subdivision proposals shall have adequate
the same period of time. Thereafter,the property drainage, provided to reduce exposure to flood
owner will have nine(9)months to implement the damage. Certification of compliance shall be
approved plan. The City-approved reclamation required of the developer.
plan shall be recorded and shall remain in the title
report until the City is satisfied that compliance F. Subdivisions will be required to have the base
has been achieved. Within thirty (30) days of floodplain elevation established with consideration
Planning Commission approval, the property of the tentative map.
owner shall deposit improvement security based on
the value of reclamation improvements to ensure 18.47.190 Variances.
that the plan is implemented. Until such time as
the property is restored to its natural conditions,no A. The Planning Commission shall hear requests for
building,grading,or use permit shall be issued for variances from the requirements of this chapter.
improvement of the property.
B. Those aggrieved by the decision of the Planning
18.47.180 Standards for Subdivisions. Commission may appeal such decision to the City
Council.
A. Unless encroachment into the flood fringe has
C. In considering a variance application,the Planning
been approved by the Planning Commission or the
City Council, as the case may be, no subdivision Commission shall consider all technical
evaluations, all relevant factors, standards, etc.,
shall be approved which creates lots that extend
into any flood fringe or floodway area and no lots specified in other sections of this chapter,and:
shall use areas subject to flooding by a base flood
in order to meet minimum area requirements. The 1. The danger that materials may be swept onto
surface area of all lots in a subdivision that are not other lands to the injury of others.
subject to flooding by a base flood shall be a 2. The danger to life and property due to
minimum of one (1) foot above the base flood
elevation;or all lowest floor elevations,including flooding or erosion damage.
basements,shall be at least one(1)foot above the 3. The susceptibility of the proposed facility and
base floodplain elevation. Both the tentative and its contents to flood damage and the effect of
final maps for a subdivision shall show the such damage on the individual owner.
boundary of the base flood. The boundary shall be
certified by the engineer preparing the map. All 4. The importance of the services provided by
fmal maps shall also have a warning note on the the proposed facility to the community.
map similar to Section 18.47.140.
B. All final subdivisionplans willprovide the 5. The necessity to the facility of a waterfront
location,where applicable.
elevation of proposed structures, pads, and
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• CHAPTER 18.47
6. The availability of alternative locations for Places, provided that the proposed repair,
the proposed uses that are not subject to rehabilitation,or restoration will not preclude
flooding or erosion damage. the structure's continued designation as an
historic structure and the variance is the
7. The compatibility of the proposed use with minimum necessary to preserve the historic
existing and anticipated development. character and design of the structure.
8. The relationship of the proposed use to the 2. Variances shall not be issued within any
comprehensive plan and floodplain- designated floodway if any increase in flood
management program for that area. levels during the base flood discharge would
result.
9. The safety of access to the property in times
of flood for ordinary and emergency vehicles. 3. Variances shall only be issued upon a
determination that the variance is the
10. The expected heights,velocity,duration,rate minimum necessary, considering the flood
of rise, and sediment transport of the hazard,to afford relief.
floodwaters and the effects of wave action,if
applicable,expected at the site. 4. Variances shall only be issued upon:
11. The costs of providing governmental services a. A showing of good and sufficient
during and after flood conditions, including cause such as renovation,
maintenance and repair of public utilities and rehabilitation, or reconstruction.
facilities such as sewer,gas,electrical,water Variances issued for economic
system,and streets and bridges. considerations, aesthetics, or because
variances have been used in the past,
D. Generally, variances may only be issued for new are not good and sufficient cause.
construction and substantial improvements to be
erected on a lot of one-half('/2)acre or less in size b. A determination that failure to grant
contiguous to and surrounded by lots with existing the variance would result in
structures constructed below the base flood level exceptional hardship to the applicant.
providing subsections A through F of this section
have been fully considered. As the lot size c. A determination that the granting of a
increases beyond the one-half ('/2) acre, the variance will not result in increased
technical justification required for issuing the flood heights, additional threats to
variance increases. public safety, or extraordinary public
expense;create nuisances;cause fraud
E. Upon consideration of the factors of Section on or victimization to the public; or
18.47.190(C)and the purpose of this chapter,the conflict with existing local laws or
Planning Commission may attach such conditions ordinances.
to the granting of variances as it deems necessary
to further the purpose of this chapter. 5. Any applicant to whom a variance is granted
shall be given written notice that the structure
F. The Floodplain Administrator shall maintain the will be permitted to be built with a lowest
records of all appeal actions and report any floor elevation below the base flood elevation
variances to the Federal Insurance Administration and that the cost of flood insurance will be
of the Federal Emergency Management Agency in commensurate with the increased risk
the biennial report. resulting from the reduced lowest floor
elevation. It is recommended that a copy of
G. Conditions for Variances: the notice be recorded by the Floodplain
Administrator in the Office of the Shasta
1. Variances may be issued for the repair, County Recorder and be recorded in a
rehabilitation, or restoration of structures manner so that it appears in the chain of title
listed on the National Register of Historic of the affected parcel of land.■
Places or the State Inventory of Historic
.47-16