Chapter 18.200
FLOOD DAMAGE PREVENTION

Sections:

18.200.010    Statutory authorization.

18.200.020    Findings of fact.

18.200.030    Statement of purpose.

18.200.040    Methods of reducing flood losses.

18.200.050    Definitions.

18.200.060    General provisions.

18.200.070    Administration.

18.200.080    Provisions for flood hazard reduction.

18.200.090    Appeal procedure.

18.200.010 Statutory authorization.

The Legislature of the State of California has in Cal. Gov’t Code §§ 65302, 65560 and 65800 conferred upon local government units authority to adopt regulations designed to promote the public health, safety and general welfare of its citizenry. (Ord. 1829 § 1, 7-26-88. 1990 Code § 8-8100.)

18.200.020 Findings of fact.

(a)    The flood hazard areas of the city are subject to periodic inundation which results in loss of life and property, health and safety hazards, disruption of commerce and governmental services, extraordinary public expenditures for flood protection and relief, and impairment of the tax base, all of which adversely affect the public health, safety and general welfare.

(b)    These flood losses are caused by the cumulative effect of obstructions in areas of special flood hazards which increase flood heights and velocities, and when inadequately anchored, damage uses in other areas. Uses that are inadequately floodproofed, elevated or otherwise protected from flood damage also contribute to the flood loss. (Ord. 1829 § 1, 7-26-88. 1990 Code § 8-8101.)

18.200.030 Statement of purpose.

It is the purpose of this chapter to promote the public health, safety and general welfare, and to minimize public and private losses due to flood conditions in specific areas by provisions designed:

(a)    To protect human life and health;

(b)    To minimize expenditure of public money for costly flood control projects;

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

(d)    To minimize prolonged business interruptions;

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

(f)    To 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 flood blight areas;

(g)    To ensure that potential buyers are notified that property is in an area of special flood hazard; and

(h)    To ensure that those who occupy the areas of special flood hazard assume responsibility for their actions. (Ord. 1829 § 1, 7-26-88. 1990 Code § 8-8102.)

18.200.040 Methods of reducing flood losses.

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

(a)    Restricting or prohibiting uses which are dangerous to health, safety and property due to water or erosion hazards, or which result in damaging increases in erosion of flood heights or velocities;

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

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

(d)    Controlling filling, grading, dredging and other development which may increase flood damage; and

(e)    Preventing or regulating the construction of flood barriers which will unnaturally divert floodwaters or which may increase flood hazards in other areas. (Ord. 1829 § 1, 7-26-88. 1990 Code § 8-8103.)

18.200.050 Definitions.

Unless specifically defined below, words or phrases used in this chapter shall be interpreted so as to give them the meanings they have in common usage and to give this chapter its most reasonable application. As used in this chapter, and notwithstanding any other definitions in this Title 18, the following terms shall have the following meanings:

“Appeal” means a request for a review of the floodplain administrator’s interpretation of any provision of this chapter or a request for a variance.

“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.

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

“Base flood” means the flood having a one percent chance of being equaled or exceeded in any given year (also called the “100-year flood”).

“Basement” means any area of the building having its floor subgrade (below ground level) on all sides.

“Breakaway walls” are any type of walls, whether solid or lattice, and whether constructed of concrete, masonry, wood, metal, plastic or any other suitable building material which is not part of the structural support of the building and which is designed to break away under abnormally high tides or wave action without causing any damage to the structural integrity of the building on which they are used or any buildings to which they might be carried by floodwaters. A breakaway wall shall have a safe design loading resistance of not less than 10 and not 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 of the base flood.

“Coastal high-hazard area” is the area subject to high-velocity waters, including coastal and tidal inundation or tsunamis. The area is designated on a flood insurance rate map (FIRM) as zone V1 – V30, VE or V.

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

“Existing manufactured home park or subdivision” means a manufactured home park or subdivision for which the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including, at a minimum, the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads) is completed before July 26, 1988.

“Expansion to an existing manufactured home park or subdivision” means the preparation of additional sites by the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads).

“Flood” or “flooding” means a general and temporary condition of partial or complete inundation of normally dry land areas from (1) the overflow of floodwaters, (2) the unusual and rapid accumulation or runoff of surface waters from any source, and/or (3) the collapse or subsidence of land along the shore of a lake or other body of water as a result of erosion or undermining caused by waves or currents of water exceeding anticipated cyclical levels or suddenly caused by an unusually high water level in a natural body of water, accompanied by a severe storm, or by an unanticipated force of nature, such as a flash flood or an abnormal tidal surge, or by some similarly unusual and unforeseeable event which results in flooding as defined in this definition.

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

“Flood insurance rate map (FIRM)” means the official map on which the Federal Emergency Management Agency or Federal Insurance Administration has delineated both the areas of special flood hazards and the risk premium zones applicable to the city.

“Flood insurance study” means the official report provided by the Federal Insurance Administration that includes flood profiles, the FIRM, the flood boundary and floodway map, and the water surface elevation of the base flood.

“Floodplain” or “flood-prone area” means any land area susceptible to being inundated by water from any source (see definition of “flooding”).

“Floodplain management” means the operation of an overall program of corrective and preventive measures for reducing flood damage, including but not limited to emergency preparedness plans, flood control works and floodplain management regulations.

“Floodplain management regulations” means zoning ordinances, subdivision regulations, building codes, health regulations, special purpose ordinances (such as floodplain ordinance, grading ordinance and erosion control ordinance) and other applications of police power. The term describes such state or local regulations in any combination thereof which provide standards for the purpose of flood damage prevention and reduction.

“Floodproofing” means any combination of structural and nonstructural additions, changes or adjustments to structures which reduce or eliminate flood damage to real estate or improved real property, water and sanitary facilities, structures and their contents.

“Floodway” means the channel of a river or other watercourse and the adjacent land areas that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation more than one foot. Also referred to as “regulatory floodway.”

“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 only docking facilities, port facilities that are necessary for the loading and unloading of cargo or passengers, and ship building and ship repair facilities, but does not include long-term storage or related manufacturing facilities.

“Highest adjacent grade” means the highest natural elevation of the ground surface prior to construction next to the proposed walls of a structure.

“Historic structure” means any structure that is a register resource or a potential register resource as defined in Section 18.175.430.

“Lowest floor” means the lowest floor of the lowest enclosed area (including basement). An unfinished or flood-resistant enclosure, usable solely for parking of vehicles, building access or storage in an area other than a basement area, is not considered a building’s lowest floor; provided, that such enclosure is not built so as to render the structure in violation of the applicable nonelevation design requirements of this chapter.

“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 connected to the required utilities. For floodplain management purposes, the term “manufactured home” also includes park trailers, travel trailers and other similar vehicles placed on a site for greater than 180 consecutive days.

Manufactured home park or subdivision” means a parcel (or contiguous parcels) of land divided into two or more manufactured home lots for sale or rent.

“Mean sea level” means, for purposes of the National Flood Insurance Program, the National Geodetic Vertical Datum (NGVD) of 1929 or other datum, to which base flood elevations shown on a city of Fremont flood insurance rate map are referenced.

“New construction” means, for floodplain management purposes, structures for which the “start of construction” commenced on or after July 26, 1988, and includes any subsequent improvements to such structures.

“New manufactured home park or subdivision” means a manufactured home park or subdivision for which the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including, at a minimum, the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads) is completed on or after July 26, 1988.

“One-hundred-year flood” or “100-year flood” means a flood which has a one percent annual probability of being equaled or exceeded. It is identical to the “base flood,” which will be the term used throughout this chapter.

“Person” means an individual or his/her agent, firm, partnership, association or corporation, or agent of the aforementioned groups, or this state or its agencies or political subdivisions.

“Recreational vehicle” means a vehicle which is:

(1)    Built on a single chassis;

(2)    Four hundred 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.

“Remedy a violation” means to bring the structure or other development into compliance with state or local floodplain management regulations, or, if this is not possible, to reduce the impacts of its noncompliance. Ways that impacts may be reduced include protecting the structure or other affected development from flood damages, implementing the enforcement provisions of the Fremont Municipal Code or otherwise deterring future similar violations, or reducing 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” means naturally occurring accumulations of sand in ridges or mounds landward of the beach.

“Special flood hazard area (SFHA)” means an area having special flood or flood-related erosion hazards, and shown on an FHBM or FIRM as zone A, AO, A1 – 30, AE, A99, AH, V1 – V30, VE or V.

“Start of construction” includes substantial improvement, and means the date the building permit was issued, provided the actual start of construction, repair, reconstruction, placement or other improvement was within 180 days of the permit date. The actual start means either the first placement of permanent construction of a structure on a site, such as the pouring of slab or footings, the installation of piles, the construction of columns, or any work beyond the stage of excavation, or the placement of a manufactured home on a foundation. Permanent construction does not include land preparation, such as clearing, grading and filling; nor does it include the installation of streets, piers, or foundations or the erection of temporary forms; nor does it include the installation on the property of accessory buildings, such as garages or sheds not occupied as dwelling units or not part of the main structure.

“Structure” means a walled and roofed building, including a gas or liquid storage tank, that is principally aboveground, as well as a manufactured home.

“Substantial damage” means damage of any origin sustained by a structure whereby the cost of restoring the structure to its before damaged condition would equal or exceed 50 percent of the market value of the structure before the damage occurred.

“Substantial improvement” means any repair, reconstruction or improvement of a structure, the cost of which equals or exceeds 50 percent of the market value of the structure either before the improvement or repair is started or, if the structure has been damaged and is being restored, before the damage occurred.

For the purposes of this definition, “substantial improvement” is considered to occur when the first alteration of any wall, ceiling, floor or other structural part of the building commences, whether or not that alteration affects the external dimensions of the structure. The term does not, however, include either: any project for improvement of a structure to comply with existing state or local health, sanitary or safety code specifications which are solely necessary to assure safe living conditions, or any alteration of a structure that is a register resource as defined in Section 18.175.430; provided, that the alteration will not preclude the structure’s continued designation as a register resource.

“Variance” means a grant of relief from the requirements of this chapter which permits construction in a manner that would otherwise be prohibited by this chapter.

“Violation” means the failure of a structure or other development to be fully in compliance with the community’s floodplain management regulations. A structure or other development without the elevation certificate, other certifications, or other evidence of compliance required in this chapter is presumed to be in violation until such time as that documentation is provided. (Ord. 1829 § 1, 7-26-88; amended during 2012 reformat; Ord. 27-2016 § 33, 12-6-16. 1990 Code § 8-8104.)

18.200.060 General provisions.

(a)    Lands to Which This Chapter Applies. This chapter shall apply to all areas of special flood hazards within the jurisdiction of the city of Fremont.

(b)    Basis for Establishing the Areas of Special Flood Hazard. The areas of special flood hazard, identified by the Federal Emergency Management Agency (FEMA) in the “Flood Insurance Study (FIS) for the City of Fremont (Flood Insurance Study – Alameda County, California and Incorporated Areas),” dated August 3, 2009, with the accompanying flood insurance rate maps (FIRMs) and all amendments and/or revisions to the FIS and FIRMs, are hereby adopted by reference and declared to be a part of this chapter. The FIS and FIRMs and any amendments or revisions to the FIS and FIRMs are on file at the development services center, city of Fremont, California. The FIS and FIRMs are the minimum area of applicability of this chapter and may be supplemented by studies for other areas which allow implementation of this chapter and which are recommended to the city council by the floodplain administrator.

(c)    Compliance. No structure or land shall hereafter be constructed, located, extended, converted or altered without full compliance with the terms of this chapter and other applicable regulations. Violations of the provisions of this chapter by failure to comply with any of its requirements (including violations of conditions and safeguards established in connection with conditions) shall constitute a misdemeanor. Nothing herein shall prevent the city council from taking such lawful action as is necessary to prevent or remedy any violation.

(d)    Abrogation and Greater Restrictions. This chapter is not intended to repeal, abrogate or impair any existing easements, covenants or deed restrictions. However, where this chapter and another chapter, easement, covenant or deed restriction conflict or overlap, whichever imposes the more stringent restrictions shall prevail.

(e)    Interpretation. In the interpretation and application of this chapter, all provisions shall be:

(1)    Considered as minimum requirements;

(2)    Liberally construed in favor of the governing body; and

(3)    Deemed neither to limit nor repeal any other powers granted under state statutes.

(f)    Warning and Disclaimer of Liability. The degree of flood protection required by this chapter is considered reasonable for regulatory purposes and is based on scientific and engineering considerations. Larger floods can and will occur on rare occasions. Flood heights may be increased by manmade or natural causes. This chapter does not imply that land outside the areas of special flood hazards or uses permitted within such areas will be free from flooding or flood damages. This chapter shall not create liability on the part of the city, any officer or employee thereof, or the Federal Insurance Administration, for any flood damages that result from reliance on this chapter or any administrative decision lawfully made thereunder.

(g)    Severability. This chapter and the various parts thereof are hereby declared to be severable. Should any section of this chapter be declared by the courts to be unconstitutional or invalid, such decision shall not affect the validity of the chapter as a whole, or any portion thereof other than the section so declared to be unconstitutional or invalid. (Ord. 1829 § 1, 7-26-88; Ord. 2396 § 1, 9-5-00; Ord. 27-2016 § 34, 12-6-16. 1990 Code § 8-8105.)

18.200.070 Administration.

(a)    Establishment of Development Permit. A development permit shall be obtained before construction or development begins within any area of special flood hazards established in Section 18.200.060(b). Application for a development permit shall be made on forms furnished by the floodplain administrator and may include but not be limited to plans in duplicate drawn to scale showing the nature, location, dimensions and elevation of the area in question; existing or proposed structures, fill, storage of materials, drainage facilities; and the location of the foregoing. Specifically, the following information is required:

(1)    Proposed elevation in relation to mean sea level of the lowest floor (including basement) of all structures;

(2)    Proposed elevation in relation to mean sea level to which any structure will be floodproofed;

(3)    All appropriate certifications listed in subsection (c)(4) of this section; and

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

(b)    Designation of the Floodplain Administrator. The city engineer is hereby appointed to administer and implement this chapter by granting or denying development permits in accordance with its provisions.

(c)    Duties and Responsibilities of the Floodplain Administrator. The duties and responsibilities of the floodplain administrator shall include but not be limited to:

(1)    Permit Review.

(A)    Review all development permits to determine that the permit requirements of this chapter have been satisfied.

(B)    All other required state and federal permits have been obtained.

(C)    The site is reasonably safe from flooding.

(D)    The proposed development does not adversely affect the carrying capacity of areas where base flood elevations have been determined but a floodway has not been designated. For purposes of this chapter, “adversely affects” means that the cumulative effect of the proposed development when combined with all other existing and anticipated development will not increase the water surface elevation of the base flood more than one foot at any point.

(2)    Use of Other Base Flood Data. When base flood elevation data has not been provided in accordance with Section 18.200.060(b), the floodplain administrator shall obtain, review and reasonably utilize any base flood elevation and floodway data available from a federal, state or other source, in order to administer Section 18.200.080. Any such information shall be submitted to the city council for adoption.

(3)    Notification of Other Agencies.

(A)    Whenever a watercourse is to be altered or relocated:

(i)    Notify adjacent communities and the California Department of Water Resources prior to such alteration or relocation of a watercourse, and submit evidence of such notification to the Federal Insurance Administration;

(ii)    Require that the flood-carrying capacity of the altered or relocated portion of said watercourse is maintained.

(B)    Base Flood Elevation Changes Due to Physical Alterations. If physical alterations result in changes to the base flood elevations as shown on the FIRMs, then within six months of the 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).

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.

(4)    Obtain and maintain for public inspection and make available as needed:

(A)    The certification required in Section 18.200.080(a)(3)(A) (floor elevations);

(B)    The certification required in Section 18.200.080(a)(3)(B) (elevations in areas of shallow flooding);

(C)    The certification required in Section 18.200.080(a)(3)(C)(iii) (elevation or floodproofing of nonresidential structures);

(D)    The certification required in Section 18.200.080(a)(3)(D)(i) or (a)(3)(D)(ii) (wet floodproofing standard);

(E)    The certified elevation required in Section 18.200.080(c)(1)(B) (subdivision and other proposed development standards);

(F)    The certification required in Section 18.200.080(e)(1) (floodway encroachments); and

(G)    The information required in Section 18.200.080(f)(6) (coastal construction standards).

(5)    Make interpretations where needed as to the exact location of the boundaries of the areas of special flood hazards (for example, where there appears to be a conflict between a mapped boundary and actual field conditions). The person contesting the location of the boundary shall be given a reasonable opportunity to appeal the interpretation as provided in Section 18.200.090.

(6)    Take action to remedy violations of this chapter as specified in Section 18.200.060(c). (Ord. 1829 § 1, 7-26-88; Ord. 2396 § 2, 9-5-00; Ord. 27-2016 § 35, 12-6-16. 1990 Code § 8-8106.)

18.200.080 Provisions for flood hazard reduction.

(a)    Standards of Construction. In all areas of special flood hazards, the following standards are required:

(1)    Anchoring.

(A)    All new construction and substantial improvements shall be anchored to prevent flotation, collapse or lateral movement of the structure resulting from hydrodynamic and hydrostatic loads, including the effects of buoyancy.

(B)    All manufactured homes shall meet the anchoring standards of subsection (d) of this section.

(2)    Construction Materials and Methods.

(A)    All new construction and substantial improvements shall be constructed with materials and utility equipment resistant to flood damage.

(B)    All new construction and substantial improvements shall be constructed using methods and practices that minimize flood damage.

(C)    All new construction and substantial improvements shall be constructed with electrical, heating, ventilation, plumbing and air conditioning equipment and other service facilities that are designed and/or located so as to prevent water from entering or accumulating within the components during conditions of flooding.

(D)    Require, within zones AH or AO, adequate drainage paths around structures on slopes to guide floodwaters around and away from proposed structures.

(3)    Elevation and Floodproofing.

(A)    New construction and substantial improvement of any structure shall have the lowest floor, including basement, elevated to the minimum elevation of the lowest floor as required by the Fremont Building Standards Code (Chapter 15.05) but no lower than at or above the base flood elevation. Residential structures shall have the lowest point of the finished pad elevated to or above the base flood elevation plus one foot. Nonresidential structures may meet the standards in subsection (a)(3)(C) of this section. Upon completion of the structure, the elevation of the lowest floor, including basement, shall be certified by a registered professional engineer or surveyor and verified by the floodplain administrator to be properly elevated.

(B)    New construction and substantial improvement of any structure in zone AO shall have the lowest floor, including basement, elevated above the highest adjacent grade at least as high as the depth number specified in feet on the FIRM, or at least two feet if no depth number is specified. Nonresidential structures may meet the standards in subsection (a)(3)(C) of this section. Upon the completion of the structure, the elevation of the lowest floor, including basement, shall be certified by a registered professional engineer or surveyor or verified by the floodplain administrator to be properly elevated.

(C)    Nonresidential construction shall either be elevated in conformance with subsection (a)(3)(A) or (B) of this section or, together with attendant utility and sanitary facilities:

(i)    Be floodproofed so that below the base flood level the structure is watertight with walls substantially impermeable to the passage of water;

(ii)    Have structural components capable of resisting hydrostatic and hydrodynamic loads and effects of buoyancy; and

(iii)    Be certified by a registered professional engineer or architect that the standards of this subsection are satisfied. Such certification shall be provided to the floodplain administrator.

(D)    Require, for all new nonresidential construction and substantial improvements, that fully enclosed areas below the lowest floor that are subject to flooding shall be designed to automatically equalize hydrostatic flood forces on exterior walls by allowing for the entry and exit of floodwaters. Designs for meeting this requirement must either be certified by a registered professional engineer or architect or meet or exceed the following minimum criteria:

(i)    Either a minimum of two openings having a total net area of not less than one square inch for every square foot of enclosed area subject to flooding shall be provided; the bottom of all openings shall be no higher than one foot above grade; openings may be equipped with screens, louvers, valves or other coverings or devices; provided, that they permit the automatic entry and exit of floodwaters; or

(ii)    Be certified to comply with a local floodproofing standard approved by the Federal Insurance Administration.

(E)    Manufactured homes shall, in addition to the requirements of this subsection, meet the standards in subsection (d) of this section.

(F)    Flood 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 to 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:

(i)    For nonengineered openings:

a.    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;

b.    The bottom of all openings shall be no higher than one foot above grade;

c.    Openings may be equipped with screens, louvers, valves or other coverings or devices; provided, that they permit the automatic entry and exit of floodwater; and

d.    Buildings with more than one enclosed area must have openings on exterior walls for each area to allow flood water to directly enter; or

(ii)    Be certified by a registered civil engineer or architect.

(b)    Standards for Utilities.

(1)    All new and replacement water supply and sanitary sewage systems shall be designed to minimize or eliminate infiltration of floodwaters into the system and discharge from systems into floodwaters.

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

(c)    Standards for Subdivisions and Other Proposed Development.

(1)    The requirements of this subsection (c) apply (1) to all proposed new subdivisions and (2) to all other proposed development on parcels greater than five acres. New proposals shall:

(A)    Identify the flood hazard area and the elevation of the base flood.

(B)    Identify the elevations of the lowest floor of all proposed structure(s) and pads on the final plans. If the site is filled above the base flood, the final pad elevation shall be certified by a registered professional engineer or surveyor and provided to the floodplain administrator.

(C)    Be consistent with the need to minimize flood damage.

(D)    Have public utilities and facilities such as sewer, gas, electrical and water systems located and constructed to minimize flood damage.

(E)    Provide adequate drainage to reduce exposure to flood hazards.

(d)    Standards for Manufactured Homes. All new and replacement manufactured homes and additions to manufactured homes shall:

(1)    Be elevated so that the lowest floor meets the minimum elevation of the lowest floor as required by the Fremont Building Standards Code (Chapter 15.05) but no lower than at or above the base flood elevation; and

(2)    Be securely anchored to a permanent foundation system to resist flotation, collapse or lateral movement.

(e)    Floodways. Located within areas of special flood hazard established in Section 18.200.060(b) are areas designated as floodways. Since the floodway is an extremely hazardous area due to the velocity of floodwaters which carry debris, potential projectiles, and erosion potential, the following provisions apply:

(1)    Prohibit encroachments, including fill, new construction, substantial improvements, and other development unless certification by a registered professional engineer or architect is provided demonstrating that encroachments shall not result in any increase in flood levels during the occurrence of the base flood discharge.

(2)    If subsection (e)(1) of this section is satisfied, all new construction and substantial improvements shall comply with all other applicable flood hazard reduction provisions of this section.

(f)    Coastal High-Hazard Areas. Within coastal high-hazard areas established in Section 18.200.060(b), the following standards shall apply:

(1)    All new construction and substantial improvements shall be elevated on adequately anchored pilings or columns and securely anchored to such pilings or columns so that the lowest horizontal portion of the structural members of the lowest floor (excluding the pilings or columns) meets the minimum elevation as required by the Fremont Building Standards Code (Chapter 15.05) but no lower than at or above the base flood elevation. The pile or column foundation and structure attached thereto shall be 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 building standards and the Fremont Building Standards Code (Chapter 15.05).

(2)    All new construction shall be located on the landward side of the reach of mean high tide.

(3)    All new construction and substantial improvements shall have the space below the lowest floor free of obstructions or constructed with breakaway walls. Such temporarily enclosed space shall not be used for human habitation.

(4)    Fill shall not be used for structural support of buildings.

(5)    Manmade alteration of sand dunes which would increase potential flood damage is prohibited.

(6)    The floodplain administrator shall obtain and maintain the following records:

(A)    Certification by a registered engineer or architect that a proposed structure complies with subsection (f)(1) of this section.

(B)    The elevation (in relation to mean sea level) of the bottom of the lowest structural member of the lowest floor (excluding pilings or columns) of all new and substantially improved structures, and whether such structures contain a basement.

(g)    Standards for Recreational Vehicles.

(1)    All recreational vehicles placed in zones A1-30, AH, AE, V1-30 and VE as shown on the FIRMs will either:

(A)    Be on the site for fewer than 180 consecutive days; or

(B)    Be fully licensed and ready for highway use. A recreational vehicle is ready for highway use if it is on its wheels or jacking system, is attached to the site only by quick disconnect type utilities and security devices, and has no permanently attached additions; or

(C)    Meet the permit requirements of Section 18.200.070(a) and the elevation and anchoring requirements for manufactured homes in Section 18.200.080(d). (Ord. 1829 § 1, 7-26-88; Ord. 27-2016 § 36, 12-6-16. 1990 Code § 8-8107.)

18.200.090 Appeal procedure.

(a)    Appeal Board.

(1)    The city council shall hear and decide appeals and requests for variances from the requirements of this chapter.

(2)    The city council shall hear and decide appeals when it is alleged there is an error in any requirement, decision or determination made by the floodplain administrator in the enforcement or administration of this chapter.

(3)    In passing upon such applications, the city council shall consider all technical evaluations, all relevant factors, standards specified in other sections of this chapter, and:

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

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

(C)    The susceptibility of the proposed facility and its contents to flood damage and the effect of such damage on the individual owner;

(D)    The importance of the services provided by the proposed facility to the city;

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

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

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

(H)    The relationship of the proposed use to the comprehensive plan and floodplain management program for that area;

(I)    The safety of access to the property in time of flood for ordinary and emergency vehicles;

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

(K)    The 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.

(4)    Generally, variances may be issued for new construction and substantial improvements to be erected on a lot of one-half acre or less in size contiguous to and surrounded by lots with existing structures constructed below the base flood level, providing subsections (a)(3)(A) through (K) of this section have been fully considered. As the lot size increases beyond one-half acre, the technical justification required for issuing the variance increases.

(5)    Upon consideration of the factors of subsection (a)(3) of this section and the purposes of this chapter, the city council may attach such conditions to the granting of variances as it deems necessary to further the purposes of this chapter.

(6)    The floodplain administrator shall maintain the records of all appeal actions and report any variances to the Federal Insurance Administration upon request.

(b)    Conditions for Variances.

(1)    Variances may be issued for the reconstruction, rehabilitation or restoration of structures listed in the National Register of Historic Places or the state inventory of historic places, without regard to the procedures set forth in the remainder of this section.

(2)    Variances shall not be issued within any designated floodway if any increase in flood levels during the base flood discharge would result.

(3)    Variances shall only be issued upon a determination that the variance is the minimum necessary, considering the flood hazard, to afford relief.

(4)    Variances shall only be issued upon:

(A)    A showing of good and sufficient cause;

(B)    A determination that failure to grant the variance would result in exceptional hardship to the applicant; and

(C)    A determination that the granting of a variance will not result in increased flood heights, additional threats to public safety, or extraordinary public expense; create nuisances; cause fraud on or victimization of the public; or conflict with existing local laws or ordinances.

(5)    Variances may be issued for new construction and substantial improvements and for other development necessary for the conduct of a functionally dependent use; provided, that the provisions of subsections (b)(1) through (4) of this section are satisfied and that the structure or other development is protected by methods that minimize flood damages during the base flood and create no additional threats to public safety.

(6)    Any applicant to whom a variance is granted shall be given written notice that the structure will be permitted to be built with a lowest floor elevation below the regulatory flood elevation and that the cost of flood insurance will be commensurate with the increased risk resulting from the reduced lowest floor elevation. A copy of the notice shall be recorded by the floodplain board 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. (Ord. 1829 § 1, 7-26-88. 1990 Code § 8-8108.)