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INTRODUCED BY COUNCILMEMBER

t

ORDINANCE NO.

PR

AS TO Fr

AND LEGALITY

CITY ATTORNEY

1,0956 C. M. S.

AN

AND

ORDINANCE

ADOPTING

A

REPEALING

ORDINANCE

10298

S.

C.

M.

NEW

ORDINANCE

ENTITLED " FLOOD

DAMAGE

PREVENTION

ORDINANCE"

WHEREAS,

enforcing

the

the

City

1982

of Oakland, California, has adopted by reference and will

be

Edition

and

subsequent updates

of

the

Uniform

Building

Code

published by the International Conference of Building Officials as the Oakland Building Code and other relevant codes and ordinances; and

WHEREAS, Section

firm

or

corporation

301 ( a) of

said

Oakland

Building

Code prohibits any person,

from erecting, constructing, enlarging, altering, repairing,

improving, moving, or demolishing any

building or

structure

without first

obtaining

Building

a

separate

Official

of

building

the

City

permit for each building

of

Oakland; and

or

structure

from

the

WHEREAS,

the

Office

of

Public

plans and specifications

for

the

made

for

a

building

permit; and

Works

of

the

City

of

proposed

construction

Oakland

must examine

all

when an application

is

WHEREAS, said Oakland Building

Oakland

require

construction

in

the

the

issuance

of

a

community; and

Code

and

the Municipal

Code

of

the City

permit for excavation, grading, fill

or

of

WHEREAS, the

City

of Oakland

has

heretofore

enacted

its

Council

Resoiu tion

No. 51118

S,

C.

M.

assuring

its

positive

interest in

qualifying said City for

participation

in

the

National

Flood

Insurance

Program and

conditions

precedent to such participation; and

its

compliance with

WHEREAS, effective

October 1, 1986, the Federal

Emergency

Management Agency

FEMA) revised

the

National

Flood

Insurance

Program ( NFIP) flood

plain

management

criteria, and

WHEREAS, the

City

of Oakland wishes

to continue eligibility

in

the

National

Flood

1910.3

Insurance

(b) and

Program and

the

changes

in

order

to

do

thereto

of

the

so

must meet

the

Federal

Insurance

requirements

of

Administrative

regu-

lations; now, therefore,

The

Council

of

the

City

of

Oakland

does

ordain

as

follows:

Ordinance

is

hereby

10298

added

S.

C.

M.

is

hereby

in

lieu

thereof

repealed and

this

ordinance

to

reads

as

follows:

005245- 600. (

7/83)

2-

FLOOD

STATUTORY

DAMAGE

PREVENTION

SECTION

1.0

ORDINANCE

AUTHORIZATION, FINDINGS

PURPOSE

AND

METHODS

OF

FACT,

1.1.

STATUTORY

AUTHORIZATION.

vV

i

The Legislature of the State of California has in Government Code Section

65302, 65560 and 65800 conferred

upon

local

government units

authority

adopt regulations

designed

to

promote the public health, safety, and

general welfare of its

citizenry.

to

  • 1.2 FINDINGS OF FACT

A.

The

flood

hazard

inundation

which

areas

of

results

the City

of

Oakland

are

subject to

in

loss

of

life

and property, health

periodic

and

safety hazards, disruption of commerce and governmental services, extraordinary public expenditures for flood protection and relief, and

impairment of

the

health, safety

and

tax

base, all

of which adversely

general

welfare.

affect

the

public

B.

These

flood

losses

are

caused

by

the

cumulative

effect of obstructions

in

areas

of

special

flood

hazards

which

increase

flood

velocities, and when inadequately anchored, damage uses

heights and

in

other

areas.

Uses

that are

inadequately

flood

proofed, elevated or other-

wise

protected

from

flood

damage also

contribute

to

the

flood

loss.

1.3

STATEMENT

OF

PURPOSE.

It

and

is

the

purpose

of

this

general

welfare, and

ordinance

to

minimize

to promote the public health, safety,

public and private

losses

due

to

flood

conditions

in

specific areas

by provisions designed:

A.

To protect human

life

and health;

B.

To

minimize

projects;

expenditure of public money

for

costly

flood

control

C.

To minimize

the

need

for

rescue and relief efforts

associated

with

flooding and generally public;

undertaken

at

the

expense

of

the

general

D.

To minimize

prolonged business

interruptions;

E.

To minimize

damage to public facilities

and utilities

such

as

water

gas

mains, electric, telephone and

located

in

areas

of

special

flood

sewer

lines, streets

hazard;

and bridges

and

3-

F.

To

help maintain

a

stable

tax

base by providing

development of areas flood blight areas;

of

special

flood

hazard

so

for

the

second

as

to

minimize

use

and

future

G.

To

insure

that potential

buyers are

notified

that property

area of special flood hazard; and

is

in

an

H.

To

insure

that

those

who

occupy

the

areas

of

special

flood

hazard

 

assume

responsibility

for

their actions.

 
  • 1.4 FLOOD

METHODS

OF

REDUCING

LOSSES.

 

In

order

to

accomplish

its

purposes, this

ordinance

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

or

flood

heights or velocities;

B.

Requiring

that uses

vulnerable

to

floods, including

facilities

which

 

serve

such

uses, be

protected

against flood

damage

a t

the

time

of

initial

construction;

 

C.

Controlling the alteration of natural floodplains, stream channels,

 

and

natural

protective

barriers, which

help

accommodate

or

channel

 

flood

waters;

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 flood

waters

or

which

may

increase

flood

hazards

in

other

areas.

 

SECTION

2.0

DEFINITIONS

 

Unless

specifically

defined

below, words

or

phrases

used

in

this

ordinance

shall

be interpreted

so

as

to

give

them

the

meaning

they

have

in

common

usage

and

to

give

this

ordinance

its

most reasonable application.

 

Appeal" means a request fora

review

of

the

Floodplain

Administrator's

inter-

pretation

of any provision

of

this

ordinance

or

a

request fora

variance.

 

4-

Area

of

Insurance

shallow

ate

floodi~n

ap

means

fRM). The

a

designated A0, AH or

base

flood

depths

range

VO

Zone

on

the

Flood

from

one

to three feet;

a

clearly

defined

channel

does

and

indeterminate; and

velocity

not exist; the

path of flooding

flow

may be evident.

is

unpredictable

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

ground

level) on

any

all

area

of

sides.

the

building

having

its

floor

subgrade ( below

Breakaway

constructed

walls" are any type of walls, whether solid or lattice, and whether

of concrete, masonry, wood, metal, plastic

or

any

other

suitable

building material

and

which

is

which

to

is

not

part of

away

the

to

safe

the

structural

support of

high

of

tides

the

the building

or

wave

action

designed

any

any

break

to

under abnormally

without causing

they

are

used

or

A

breakaway

wall

ten

and

no

more

damage

twenty

structural

which

they

design

per

integrity

building on which

by

of

flood

waters.

not

less

than

breakaway

walls

must

buildings

have

a

might be carried

resistance

Use

of

shall

than

loading

pounds

square

foot.

be certified

by a registered engineer or architect and shall

meet

the

following

conditions:

1.

Breakaway wall

collapse

which

would

occur

during

shall

the

result from a water

base

flood; and

load

less

than

that

2.

The elevated

damage

due

to

portion

of

the building

the

effects

of wind

and

in

the

event of

the

base flood.

shall

not

incur any

water

loads acting

structural

simultaneously

Coastal

high

hazard

area" is

costal

and

tidal

inundation

or

the

area

subject to

tsunamis.

The

area

Insurance

Map ( FIRM) as

Zone V1-V30, VE

or

V.

high

is

velocity waters, including

designated on

a

Flood

ovel~~ men

De~~

t" means

any

man-made

change

to

improved

or

unimproved real

estate,

utudingT~ not limited

inc~

to

buildings

or

other

filling, grading, paving, excavation or drilling

structures, mining, dredging, operations.

Flood

or

floodin

means

a

general

and

temporary

condition

of partial

or

complete inun

a n

on

of

waters, (2) the

unusual

normally

dry

land

areas

and

rapid

accumulation

from ( 1) the

overflow

of

flood

or runoff of surface waters

from

any

lake

source, and/or

or

other

body

(3) the

of water

collapse or

subsidence

as

a

result of erosion

of

or

land along

the

shore

undermining

caused

of

by

a

waves

or

currents

of

water

exceeding anticipated

cyclical

levels

or

suddenly

caused

by

an

by

a

severe

unusually

storm, or

high

by

an

water

level

in

a

natural

body

of water, accompanied

unanticipated force of nature, such as

flash

flood

or

an

abnormal

tidal

surge, or

by

some

similarly

unusual

and

unforeseeable

event

which

results

in

flooding as

defined

in

this

definition.

5-

Flood

Boundary

and

Floodway

Emergency

Management Agency

Map"

means

the official

map

on

which

or

Federal

Insurance

Administration

has

both

the

areas

of

flood

hazard

and

the

floodway.

the

Federal

delineated

Flood

Insurance

Rate Map ( FIRM)"means

Emergency

Management Agency

or

both

the

areas

the

community.

of special

flood

Federal

hazards

the

official

map

on

which

Insurance

Administrations

the

Federal

has delineated

and

the

risk

premium zones applicable

to

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.

Flood

dated

lain

or " flood- rone area" means any

land

area

susceptible

by

water

from

any

source

see definition of " flooding").

to

being

inun-

Floodplain

management" means

the

operation

and

preventive measures

for

reducing

flood

emergency

preparedness

regulations.

plans, flood

control

of

an

overall

program

of

corrective

damage, including

but not limited

to

works and floodplain management

Flood

lain

tions, bui

floodplain

mana

ement

re

ulations" means

zoning ordinances, subdivision

regula-

ding codes, eat regulations, special purpose ordinances ( such as

ordinance, grading ordinance

and

erosion

control

ordinance) and

other applications

of police

power.

The

term

describes

such

state

regulations

in

of

flood

damage

any

combination

thereof, which provide

prevention

and reduction.

standards

for

or

local

the

purpose

Floodproofing" means any combination of structural

and

nonstructural

additions,

changes, or

real

estate

and

their

adjustments

or

to

structures

which

reduce

or

eliminate

flood

damage

to

improved real property, water and sanitary facilities, structures

contents.

Floodway" means

the

land

areas

that must

channel

of

a

be

reserved

cumulatively

increasing

the

water

river

or

in

order

surface

other

watercourse

and

the adjacent

to

discharge

the

base

flood

without

elevation

more

than

one

foot.

Also

referred to as " Regulatory floodway." Functionally dependent use" means a use which cannot perform its

purpose

unless

it

is

located

or

carried

out

in

close

proximity

to

intended

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

manufac-

turing facilities.

Highest adjacent grade" means

face

prior

to

construction

next

the

to

highest natural

elevation

of

the

ground

the

proposed walls

of

a

structure.

sur-

6-

Lowest floor" means

the

basement

An

unfinished

lowest floor

of

the

lowest enclosed area ( including

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

built

so

as

to

a

building's

lowest floor; provided, that such

enclosure

is

not

render

the

structure

in

violation

of the applicable non-elevation

design

requirements

of

this

ordinance.

Manufactured

home" means

a

structure, transportable

in

one

or

more

sections,

which

is

bui

ton

a

permanent chassis

and

is

designed

for

use

with

or

without a

permanent foundation

when

management

purposes, the

travel

trailers

and

other

connected

to

the required utilities.

For floodplain

term "manufactured

home" also includes park trailers,

similar

vehicles

placed

on

a

site

for

greater

than

180

consecutive

days.

Manufactured

home

o

and

divided

into

ark

two

or subdivision" means a

parcel ( or

or

more

manu

actured

home

lots

for

contiguous parcels)

sale

or rent.

Mean

sea

level" means, for

purposes

of

the

National

the

Nab ona •

eode tic

Vertical

Datum ( NGVD) of

1929

Flood

Insurance

Program,

or

other

datum, to

which

base

flood

elevations

referenced.

shown

on

a

community's

Flood

Insurance

Ra to

Map are

New construction" means, for

floodplain management purposes, structures

for

which

the

start of construction" commenced on

or after

the effective

date

of

a

floodplain management regulation

adopted

by

this

community.

One

hundred year flood" "

or

cent

base

annua

probability

flood", which

will

of

be

100-year flood" means

a

flood

being

equaled or

exceeded.

It

the

term

used

throughout this

which

has

a

is

identical

ordinance.

one

per-

to

the

Person" means an

individual

corporation, or agent of

the

or political

subdivisions.

or

his

agent, firm, partnership, association

or

aforementioned

groups, or

his

state

or

its

agencies

Remedy a violation" means

to

bring

the

structure

or

other

development into

comp

not

may

fiance

with

State

or

local

floodplain

management regulations, or, if

this

possible, to reduce

be

reduced

include

the

impacts

of

protecting

the

its

noncompliance.

Ways

that

impacts

structure

or

other affected

development

is

from

flood

damages, implementing

the

enforcement

provisions

of

the

otherwise

detering

future

similar violations, or reducing

federal

exposure

with

regard

to

the

structure

or

other

development.

ordinance

financial

or

Riverine" means relating

to, formed

tributaries),stream, brook, etc.

by, or

resembling a

river ( including

Sand

dunes" mean

naturally

occurring

accumulations

of

sand

in

ridges or mounds

landward

of

the

beach.

S

ecial

flood

hazard

area ( SERA)" means

an

area

having

special

flood

or

flood-

re

ated

erosion

hazards, and

shown

on an

FHBM

or

FIRM

as

Zone A, A0, Al-30, AE,

A99, AH, V0, V1-V30, VE

or

V.

7-

Start of Construction" includes

substantial

improvement, and means

the

date

the

building permit was

issued, provided

reconstruction, placement, or other

permit date.

The actual

start means

the

actual

start of construction, repair,

improvement was

within

180 days

of

the

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

stage

of excavation; or

the

placement of a

of

columns, or

any

work

beyond

the

manufactured

home

on

a

foundation.

Permanent construction does not include land preparation, such as clearing,

grading and

filling; nor

does

it include

walkways; nor

does

foundations or

the

it

include

excavation

erection

of

temporary

the

installation

of

streets

and/or

for a basement, footings, piers, or

forms; nor

does

it

include

the

installation

on

not occupied as

the

property

of accessory

buildings, such as garages or

dwelling

units

or

not

part of

the

main

structure.

sheds

Structure" means a walled and roofed building, including a gas or liquid

storage tank, that is principally above ground, as well

as

a

manufactures

home.

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:

1)

before

the

improvement or

repair is

started; or

2)

if

the

before

structure

has

been

damaged, and

the

damage occurred.

is

being restored,

For

the

purpose

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 dimmensions of the structure. The term does not, however, include

either:

1) any

project for

improvement of a

structure

state

or

local

health, sanitary, or

are

solely

necessary

to

assure

safe

safety

living

to

comply with existing

code

specifications which

conditions; or

2) any

alteration

Historic

Places

of

a

or

a

structure

listed

on

the

National

Register of

State

Inventory of Historic

Places.

Variance" means a

grant of

relief

from

the

permits

construction

in

a

manner

that

would

ordinance.

requirements

of

this

ordinance

which

otherwise

be prohibited by

this

Violation" means the failure

of

structure

or

other

development

to

be

fully

comp l-i-nt 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

ordinance

is

presumed

to

be

in

violation until such time as that documentation is provided.

9-

3.6

WARNING

AND

DISCLAIMER

OF LIABILITY.

The

degree of

flood

protection

required by this ordinance is considered reasonable for regulatory

purposes

and

is

based

on

scientific

and engineering

considerations.

 

Larger floods

can

and

will

occur

on

rare

occasions.

Flood

heights may

be

increased by man-made or natural causes.

This

ordinance

does

not imply

that land

outside

the

areas

of

special

flood

hazards

or

uses

permitted

within

such

areas

will

be

free

from

flooding or flood

damages.

This

ordinance shall not create liability on

the

part of

the

City

of Oakland,

any officer or employee thereof, or

the

Federal

Insurance

Administration,

for any flood

damages

that result from

reliance

on

this

ordinance

or

any

administrative

decision

lawfully made

thereunder.

 

SEVERABILITY.

  • 3.7 ordinance

This

and

the

various

parts

thereof

are

hereby

 

declared

to

be

severable.

 

Should

any

section

of

this

ordinance

be

declared

by

the

courts

to

be

unconstitutional

or invalid, such decision

 

shall

not affect

the

validity

of

the

ordinance

as

a

whole, or

any

portion

thereof

other

than

the

section

so

declared

to

be

unconstitutional

or

invalid.

 

SECTION

4.0

 

ADMINISTRATION

 
  • 4.1 ESTABLISHMENT

OF

DEVELOPMENT

PERMIT.

A Development Permit shall

be

obtained

before

construction

or

development begins within