Feb 26 2019 - Council Item - Flood Insurance Item

Article Source: City of San Bruno CA

DATE: February 26, 2019
TO: Honorable Mayor and Members of the City Council
FROM: Jovan D. Grogan, City Manager
PREPARED BY: Darcy Smith, Community and Economic Development Director

SUBJECT: Waive First Reading and Introduce an Ordinance Adding Chapter
11 .40 to Title 11 (Buildings, Construction and Fire Protection) of the San Bruno Municipal Code Establishing Floodplain Management Requirements

BACKGROUND:
In July 2014, the Federal Emergency Management Agency (FEMA) completed an engineering study of coastal hazards as part of the California Coastal Analysis and Mapping Project for the San Francisco Bay. The purpose of the study was to remap the flood elevations from wave induced coastal flood hazards for San Francisco Bay communities and update the Flood Insurance Study (FIS) reports and Flood Insurance Rate Maps (FIRMs). This study was part of FEMA’s nationwide Risk Mapping, Assessment and Planning Program to determine the revised Base Flood Elevation (BFE) and extent of the Special Flood Hazard Areas (SFHA) for coastal communities.

FEMA completed this mapping project to implement the National Flood Insurance Program (NFIP), which was originally established with the passage of the National Flood Insurance Act of 1968. The regulations are codified in Title 44 Code of Federal Regulations Section 60.3 (c). This federal mapping and insurance program enables property owners in participating communities to purchase insurance as a measure of protection against flood loses in exchange for the enact ion of community floodplain management regulations that serve to reduce future flood damages. Nationally, over 21,000 communities participate in this federal program.

Previously, the entire area of San Bruno had been categorized as Zone D in FEMA’s FIRM. The Zone D designation is used by FEMA for areas where there are possible but undetermined flood hazards in circumstances where no analysis of flood hazards has been conducted. Flood insurance is available in Zone D and property owners are encouraged to purchase it. However, flood insurance is not federally required by lenders for loans on properties in Zone D.

FEMA’s coastal flood hazard analysis has identified numerous residential properties within the City’s Belle Air neighborhood as potentially being subject to inundation by flooding. The parcels identified on FEMA’s Preliminary FIRM are now shown to be in a higher-risk flood zone which is indicated as Zone AE, as shown in Attachment 1. There are financial impacts to property owners to being mapped into Zone AE. Zone AE is official defined by FEMA as “Areas subject to inundation by the 1-percent-annual-chance flood event determined by detailed methods. Base Flood Elevations (BFEs) are shown. Mandatory flood insurance purchase requirements and floodplain management standards apply.” If properties have a mortgage from a federally regulated or insured lender, by Federal Law, the lender will require that the property owner purchase flood insurance.

To obtain a better understanding of the coastal flooding in the region and to also determine whether the extent of flooding could be reduced within the Belle Air neighborhood compared to FEMA’s preliminary FIRMs, the City Council approved a contract with Moffatt & Nichol (M&N) to assist with the analysis. The results of the analysis completed by M&N concluded that the flooding area was significantly smaller than FEMA’s model in the Belle Air neighborhood when the coastal tide duration is factored into the analysis. Since the additional results from M&N depicted a significant change in the potential flood inundation area in San Bruno as compared to FEMA’s analysis, staff recommended that the City Council consider filing an appeal to FEMA. The appeal package was subsequently submitted to FEMA on August 24, 2016.

In 2017, FEMA reviewed San Bruno’s submitted data, assumptions, and model in the appeal package, but determined that the preliminary FIRM showing the SFHA, BFE, flood depths, and flood risk zones for coastal flooding from the San Francisco Bay were correct as shown in the preliminary FIRM and therefore, rejected the City’s appeal. The City also pursued a further review by a Scientific Resolution Panel (SRP), which consisted of independent panels of experts in hydrology, hydraulics, and other pertinent sciences to review the City’s appeal package and provide recommendations for resolution. The City submitted that the analysis produced by its consultant M&N provided a more accurate surface flooding area result than FEMA’s model.
On April 30, 2018, the SRP determined that the appeal did not conclusively support or identify the presence of scientific errors in FEMA’s preliminary flood hazard study and therefore denied the City’s appeal. Since the appeal process has been completed, FEMA issued a Letter of Final Flood Elevation Determination to the County of San Mateo and City of San Bruno on October 5, 2018. This letter provided a six-month notice that the FIS report and FIRM would be effective 6 months later, on April 5, 2019. This letter initiated the six-month adoption process during which the City of San Bruno must comply with explicit requirements imposed by FEMA. A follow up letter from FEMA to the City on December 31, 2018 further details the requirements the City must meet, which is included as Attachment 2. Although the appeal was denied, the City is continuing to work closely with the County of San Mateo and City of South San Francisco to study one of the flooding sources to determine how that particular issue could potentially be mitigated.

For cities like San Bruno that currently do not have any floodplain management regulations in effect, and to maintain eligibility in the National Flood Insurance Program for the benefit of its residents, FEMA requires the City to adopt an ordinance containing detailed floodplain management measures. If the City does not adopt an ordinance that meets or exceeds the minimum NFIP criteria by the FEMA-established deadline of April 5, 2019, the City’s participation in the NFIP would be suspended, and the City and property owners would face the following consequences:
• No resident would be able to purchase a flood insurance policy.
• Existing flood insurance policies would not be renewed.
• No Federal grants or loans for development could be made in identified flood hazard areas under programs administered by Federal agencies such as HUD, EPA, and SBA;
• No Federal disaster assistance would be provided to repair insurable buildings located in identified flood hazard areas for damage caused by a flood.
• No Federal mortgage insurance or loan guarantees would be provided in identified flood hazard areas. This includes policies written by FHA, VA, and others.
• Federally insured or regulated lending institutions, such as banks and credit unions, would notify applicants seeking loans for insurable buildings in flood hazard areas that there is a flood hazard and that the property is not eligible for Federal disaster relief.
To avoid these unfavorable consequences, the City is proceeding to comply with all FEMA requirements, including adoption of a qualifying ordinance, to ensure the City and its property owners are eligible to participate in the NFIP.

DISCUSSION:
FEMA requires the City to adopt a comprehensive Floodplain Management Ordinance that meets or exceeds the minimum NFIP criteria, which generally consist of an overall community program to the public health, safety, and general welfare through required preventive measures to minimize future public and private losses due to flood conditions. The California Department of Water Resources has developed a Model Floodplain Management Ordinance for Noncoastal Communities as a tool to help communities meet the minimum requirements of the NFIP. The City used this model ordinance as a template, and also worked collaboratively with FEMA to include a few minor modifications to meet City interests in implementing the regulations efficiently and in a timely manner. The ordinance as proposed has been reviewed by FEMA and determined to meet NFIP’s requirements.

The City’s proposed ordinance attached for introduction as the new Chapter 11.40 of the Municipal Code will accomplish the following items:
• It establishes the City’s Floodplain Management requirements that serve the purpose to minimize public and private losses due to flood conditions within the AE zone areas identified in the FIRM by legally enforceable regulations applied uniformly throughout properties in the AE zone.
• It will designate the Chief Building Official as the Floodplain Administrator to administer the ordinance’s regulatory standards. The Floodplain Administrator is granted the authority to render interpretations of the regulations and to establish policies and procedures in order to clarify the application of its provisions. Such interpretations, policies and procedures area required to be consistent with the intent and purpose of the regulations and the flood provisions of the building code. There are provisions for variances and appeals of the Floodplain Administrator’s decisions to a hearing board.
• It will adopt of the Flood Insurance Study with accompanying FIRM’s and Flood Boundary and Floodway Maps.

The Ordinance would require:
• Minimum construction standards applied through building permits for alterations, additions and new residential and non-residential construction on private property only within the AE zone. The regulations mandate that the construction materials and methods used with minimize future flood damage.
• A building permit from the City’s Building Division must be obtained for construction subject to the construction standards which includes the submittal and review of construction plans for a development permit, the application of the requirements along with applicable building codes, and ultimately the issuance of a development permit that authorizes construction in accordance with the floodplain management standards.
• A certification prepared by a registered civil engineer or architect that the standards of the floodplain management ordinance are met is required for certain construction projects.
Examples of the applicable construction standards in the flood zone includes:
• New residential structures will be required to design the lowest floor level to be elevated to at or above the base flood elevation. Homes may still be designed to include crawl spaces and basements but these spaces cannot be used for human habitation.
• Utilization of flood resistant materials, and utility equipment resistant to flood damage for areas of the construction that are built below the base flood elevation. Items like electrical, heating, ventilation, plumbing and air conditioning equipment and other service facilities must be designed and/or located so as to prevent water from entering or accumulating within the components during conditions of flooding.
• 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, must be designed to automatically equalize hydrostatic flood forces on exterior walls by allowing for the entry and exit of floodwater.

The Ordinance would apply to:
• New construction (for example, a new house or commercial structure on a vacant lot).
• “Substantial improvements” to existing structures. This is defined as “any reconstruction, rehabilitation, addition, or other improvement of a structure, the cost of which equals or exceeds 50 percent of the market value of the structure before the "start of construction" of the improvement.
The following projects are examples of the types of construction that would be exempt from the ordinance:
• Interior remodeling of existing homes.
• Small first story additions to existing homes that don’t qualify as “substantial improvements.”
• Second story additions to existing single-story homes, which would by location be built above the base flood elevation.
• New construction of detached small sheds or garages as defined in the Ordinance.
• Any project for improvement of a structure to correct existing violations or state or local health, sanitary, or safety code specifications which have been identified by code enforcement officials and which are the minimum necessary to assure safe living condition.
The City included several modifications to the model ordinance provided by FEMA in order to meet the City’s interests including:
• The addition of a clause within the portion of the Ordnance that adopts the FIS, with accompanying Flood Insurance Rate Maps and Flood Boundary and Floodway Maps, and all subsequent amendments and/or revisions, that clearly states “this [adoption] does not limit the City’s right to challenge and appeal future revisions to the FIRM.” While FEMA has informed the City that it would still retain the rights to comment, challenge, and appeal future revisions to the FIRM in a standard map review process absent this addition, this sentence will ensure this intent is codified. FEMA agreed to this revision.

• FEMA requires that the Ordinance provide for a detailed variance procedure and review of the appeals of decisions on variance applications by an Appeals Board. FEMA requires this process because the Ordinance is subject to some interpretation by the Floodplain Administrator and property owners have the right to seek a variance because of an exceptional hardship if specific criteria in the Ordinance is met. The City recommends that the Appeals Board consist of the Public Services Director, Community and Economic Development Director, and the Community Services Director. FEMA is accepting of this proposed Appeals Board membership to ensure appeals are heard as efficiently and quickly as possible.

The City did consider, but elected not to include a number of more stringent optional standards proposed by FEMA, such as an even higher (by two feet above the base flood elevation) requirement for the base elevation construction level and other provisions that the City considers to be more stringent and therefore potentially more challenging or costly to property owners. While these measures could potentially allow the City to obtain a credit towards the FEMA Community Rating System, at this point, the City does not participate in this System. It will be considered in the future once the City completes this first step of adopting the mandatory requirements and gains more experience in the practical application of these new floodplain requirements in San Bruno.
If the attached ordinance is introduced at this meeting and adopted on March 12, 2019, it would meet FEMA’s deadline of April 5, 2019. After adoption, the City will submit the Ordinance to the FEMA Regional Office for final review and approval.
The City has a website which contains information related to the FEMA flood mapping process that includes the City’s correspondence with FEMA, reports and maps. This report and other information related to the recommended Ordinance has been uploaded to the site. The web address is:
https://www.sanbruno.ca.gov/go...
FISCAL IMPACT:
None.
ENVIRONMENTAL CLEARANCE:
The ordinance qualifies for a Categorical Exemption pursuant to California Environmental Quality Act (CEQA) Guidelines Section 15061 (b) (3) “Review for Exemption” because ordinance has no potential to cause a significant effect on the environment.
ALTERNATIVES:
1. Decline to introduce the ordinance, which could make the City noncompliant with FEMA requirements by the April 5, 2019 deadline.
2. Provide additional direction to staff regarding the provisions of the ordinance. RECOMMENDATION:
Waive First Reading and Introduce an Ordinance Adding Chapter 11.40 to Title 11 (Buildings, Construction and Fire Protection) of the San Bruno Municipal Code Establishing Floodplain Management Requirements.
DISTRIBUTION:

ATTACHMENTS:
1. Preliminary Flood Insurance Rate Map

2. Letter From FEMA to City of San Bruno, December 31, 2018
3. Ordinance for Introduction
DATE PREPARED: February 14, 2019
REVIEWED BY
_____ CM

FEMA
DEC 3 I Z018
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
The Honorable Rico Medina Mayor, City of San Bruno 567 El Camino Real
San Bruno, California 94066 MY h L..N MAIO
"'MINIFY DEVELOPMENT DEPARTMENT
JAN I 4 2019
C q

Dear Mayor Medina:
I commend you for the efforts that have been put forth in implementing the floodplain management measures for the City of San Bruno, California, to participate in the National Flood Insurance Program (NFIP). As you implement these measures, I want to emphasize the following:
a Flood Insurance Study (FIS) and Flood Insurance Rate Map (FIRM) have been completed for your community;
the FIS and FIRM will become effective on April 5, 2019; and
by the FIS and FIRM effective date, the Department of Homeland Security's Federal Emergency Management Agency (FEMA) Regional Office is required to approve the legally enforceable floodplain management measures your community adopts in accordance with Title 44 Code of Federal Regulations Section 60.3(c).

As noted in FEMA's letter dated October 5, 2018, no significant changes have been made to the flood hazard data on the Preliminary and/or revised Preliminary copies of the FIRM for San Mateo County. Therefore, the City of San Bruno should use the Preliminary and/or revised Preliminary copies of the FIRM as the basis for adopting the required floodplain management measures. Final printed copies of the FIRM for the City of San Bruno will be sent to you within the next few months.

If you encounter difficulties in enacting the measures, I recommend you contact the California Department of Water Resources. You may contact Raul Barba, CFM, the NFIP State Coordinator, by telephone at (916) 574-1441, in writing at 3464 El Camino Avenue, Suite 210, Sacramento, California 95821, or by electronic mail at Raul.Barba@water.ca.gov.

The FEMA Regional staff in Oakland, California, is also available to provide technical assistance and guidance in the development of floodplain management measures. The adoption of compliant floodplain management measures will provide protection for the City of San Bruno and will ensure its participation in the NFIP. The Regional Office may be contacted by telephone at (510) 627-7100 or in writing. Please send your written inquiries to the Director, Mitigation Division, FEMA Region IX, at 1111 Broadway, Suite 1200, Oakland, California 94607.

The NFIP State Coordinating Office for your State has verified that California communities may
www.fema.gov include language in their floodplain management measures that automatically adopt the most recently available flood elevation data provided by FEMA. Your community's floodplain management measures may already be sufficient if the measures include suitable automatic adoption language and are otherwise in accordance with the minimum requirements of the NFIP. The NFIP State Coordinator can assist you further in clarifying questions you may have about automatic adoption.

You may have already contacted the NFIP State Coordinator and/or the FEMA Regional Office, and may be in the final adoption process or recently adopted the appropriate measures. However, in the event your community has not adopted the appropriate measures, this letter is FEMA's official notification that you only have until April 5, 2019, to adopt and/or submit a floodplain management ordinance that meets or exceeds the minimum NFU' requirements, and request approval from the FEMA Regional Office by the effective date. Your community's adopted measures will be reviewed upon receipt and the FEMA Regional Office will notify you when the measures are approved.

I appreciate your cooperation to ensure that your community's floodplain management measures are approved by the FEMA Regional Office by April 5, 2019. Your compliance with these mandatory program requirements will enable your community to avoid suspension from the NFIP.
Sincerely,

Rachel Sears, Director
Floodplain Management Division Mitigation Directorate 1FEMA
cc: Robert J. Fenton, Jr., Regional Administrator, FEMA Region IX
Raul Barba, CFM, NFIP State Coordinator, California Department of Water Resources Jimmy Tan, Public Works Director, City of San Bruno

ORDINANCE NO. 2019-
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN BRUNO ADDING
CHAPTER 11.40 TO THE CITY OF SAN BRUNO MUNICIPAL CODE ESTABLISHING
FLOODPLAIN MANAGEMENT REQUIREMENTS
The City Council of the City of San Bruno ORDAINS as follows:

SECTION 1. FINDINGS.
WHEREAS, the Legislature of the State of California has in Government Code Sections 65302, 65560, and 65800 conferred upon local governments the authority to adopt regulations designed to promote the public health, safety, and general welfare of its citizenry; and
WHEREAS, the flood hazard AE Zone areas identified in San Bruno are subject to periodic inundation which may result 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; and
WHEREAS, these potential flood losses are caused by uses that are inadequately elevated, flood proofed, or protected from flood damage. The cumulative effect of obstructions in areas of special flood hazards which increase flood heights and velocities also contributes to flood losses; and
WHEREAS, the City of San Bruno was accepted for participation in the National Flood Insurance Program on March 30, 1981 and the City Council desires to continue to meet the requirements of Title 44 Code of Federal Regulations, Sections 59 and 60, necessary for such participation; and
WHEREAS, the City of San Bruno is required, pursuant to Government Code Sections 65302, 65560, and 65800 to administer and enforce the State building codes, and such building codes contain certain provisions that apply to the design and construction of buildings and structures in AE Zone flood hazard areas; and
WHEREAS, the Chief Building Official is designated the Floodplain Administrator; and
WHEREAS, the Floodplain Administrator is authorized and directed to administer the provisions of these regulations. The Floodplain Administrator shall have the authority to render interpretations of these regulations and to establish policies and procedures in order to clarify the application of its provisions. Such interpretations, policies and procedures shall be consistent with the intent and purpose of these regulations and the flood provisions of the building code; and

SECTION 2. REGULATION.
Chapter 11.40 (Floodplain Management Requirements) is hereby added to Title 11 (Buildings, Construction and Fire Protection) of the San Bruno Municipal Code. This regulation shall prevail over any conflicting provisions of the San Bruno Municipal Code or the other ordinances, resolutions, policies, and regulations of the City of San Bruno.
Chapter 11.40
FLOODPLAIN MANAGEMENT REQUIREMENTS
Sections:
11.40.010 Statutory Authorization
11.40.020 Findings of Fact
11.40.030 Statement of Purpose
11.40.040 Methods of Reducing Flood Loss
11.40.050 Definitions
11.40.060 General Provisions
11.40.070 Administration
11.40.080 Provisions for Flood Hazard Reduction
11.40.090 Variance and Appeals Procedures
11.40.010 Statutory Authorization
The Legislature of the State of California has in Government Code Sections 65302, 65560, and 65800 conferred upon local governments the authority to adopt regulations designed to promote the public health, safety, and general welfare of its citizenry. Therefore, the City Council of San Bruno hereby adopts the following floodplain management regulations.
11.40.020 Findings of Fact
A. The flood hazard areas of the City of San Bruno are subject to periodic inundation which may result 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 potential flood losses are caused by uses that are inadequately elevated, flood proofed, or protected from flood damage. The cumulative effect of obstructions in areas of special flood hazards which increase flood heights and velocities also contributes to flood losses.
11.40.030 Statement of Purpose
It is the purpose of this ordinance to promote the public health, safety, and general welfare, and to minimize public and private losses due to flood conditions in specific areas by legally enforceable regulations applied uniformly throughout the community to all publicly and privately owned land within specific areas. These regulations are designed to:
A. Protect human life and health;

B. Minimize expenditure of public money for costly flood control projects;
C. Minimize the need for rescue and relief efforts associated with flooding generally undertaken at the expense of the general public;
D. Minimize prolonged business interruptions;
E. Minimize damage to public facilities and utilities such as water and gas mains; electric, telephone and sewer lines; and streets and bridges located in areas of special flood hazard;
F. Help maintain a stable tax base by providing for the sound use and development of areas of special flood hazard so as to minimize future blighted areas caused by flood damage;
G. Ensure that potential buyers are notified that property is in an area of special flood hazard; and
H. Ensure that those who occupy the areas of special flood hazard assume responsibility for their actions.
11.40.040 Methods of Reducing Flood Loss
In order to accomplish its purposes, this ordinance includes regulations to:
A. Restrict or prohibit uses which are dangerous to health, safety, and property due to water or erosion hazards, or which result in damaging increases in erosion or flood heights or velocities;
B. Require that uses vulnerable to floods, including facilities which serve such uses, be protected against flood damage at the time of initial construction;
C. Control the alteration of natural floodplains, stream channels, and natural protective barriers, which help accommodate or channel floodwaters;
D. Control filling, grading, dredging, and other development which may increase flood damage; and
E. Prevent or regulate the construction of flood barriers which will unnaturally divert floodwaters or which may increase flood hazards in other areas.
11.40.050 Definitions
Unless specifically defined below, words or phrases used in this ordinance shall be interpreted so as to give them the meaning they have in common usage and to give this ordinance its most reasonable application.
"A zone" - see "Special flood hazard area".
“Accessory structure” means a structure that is either:
1. Solely for the parking of no more than two vehicles; or
2. A small shed designed and utilized for storage, less than 150 square feet and $1 ,500 in value.
"Accessory use" means a use which is incidental and subordinate to the principal use of the parcel of land on which it is located.
"Appeal" means a request for a review of the Floodplain Administrator's interpretation of any provision of this ordinance.
"Appeals Board" means the Floodplain Management Regulations Appeals Board who reviews an Appeal of the provisions of this Ordinance. This Board consists of the Public Services Director, Community and Economic Development Director, and the Community Services Director.
"Area of shallow flooding" means a designated AO or AH Zone on the Flood Insurance Rate Map (FIRM). The base flood depths range from one to three feet; a clearly defined channel does not exist; the path of flooding is unpredictable and indeterminate; and velocity flow may be evident. Such flooding is characterized by ponding or sheet flow.
"Area of special flood hazard" - See "Special flood hazard area."
"Base flood" means a flood which has a one percent chance of being equaled or exceeded in any given year (also called the "100-year flood"). Base flood is the term used throughout this ordinance.
“Base flood elevation” (BFE) means the elevation shown on the Flood Insurance Rate Map for Zones AE, AH, A1-30, VE and V1-V30 that indicates the water surface elevation resulting from a flood that has a 1-percent or greater chance of being equaled or exceeded in any given year.
"Basement" means any area of the building having its floor subgrade - i.e., below ground level - on all sides.
"Building" - see "Structure".
“City” means the City of San Bruno, including its elected and appointed officials and employees charged with duties and responsibilities pursuant to this ordinance.
"Development" means any man-made change to improved or unimproved real estate, including but not limited to buildings or other structures, mining, dredging, filling, grading, paving, excavation or drilling operations or storage of equipment or materials.
"Encroachment" means the advance or infringement of uses, plant growth, fill, excavation, buildings, permanent structures or development into a floodplain which may impede or alter the flow capacity of a floodplain.
"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 the effective date of this Ordinance.
"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, flooding, or flood water" means:
1. A general and temporary condition of partial or complete inundation of normally dry land areas from the overflow of inland or tidal waters; the unusual and rapid accumulation or runoff of surface waters from any source; and/or mudslides (i.e., mudflows); and
2. The condition resulting from flood-related erosion.
"Flood Boundary and Floodway Map (FBFM)" means the official map on which the Federal Emergency Management Agency or Federal Insurance Administration has delineated both the areas of special flood hazards and the floodway.
"Flood Insurance Rate 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 community.
"Flood Insurance Study" means the official report provided by the Federal Insurance Administration that includes flood profiles, the Flood Insurance Rate Map, the Flood Boundary and Floodway Map, and the water surface elevation of the base flood.
"Floodplain or flood-prone area" means any land area susceptible to being inundated by water from any source - see "Flooding."
"Floodplain Administrator" is the community official (Chief Building Official) designated by title to administer and enforce the floodplain management regulations.
"Floodplain management" means the operation of an overall program of corrective and preventive measures for reducing flood damage and preserving and enhancing, where possible, natural resources in the floodplain, including but not limited to emergency preparedness plans, flood control works, floodplain management regulations, and open space plans.
"Floodplain management regulations" means this ordinance and other zoning ordinances, subdivision regulations, building codes, health regulations, special purpose ordinances (such as grading and erosion control) and other application of police power which control development in flood-prone areas. This term describes federal, state or local regulations in any combination thereof which provide standards for preventing and reducing flood loss and damage.
"Floodproofing" means any combination of structural and nonstructural additions, changes, or adjustments to structures which reduce or eliminate flood damage to real estate or improved real property, water and sanitary facilities, structures, and their contents.
"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."
"Floodway fringe" is that area of the floodplain on either side of the "Regulatory Floodway" where encroachment may be permitted.
"Fraud and victimization" as related to Section 11.40.090 of this ordinance, means that the variance granted must not cause fraud on or victimization of the public. In examining this requirement, the City will consider the fact that every newly constructed building adds to government responsibilities and remains a part of the community for fifty to one-hundred years. Buildings that are permitted to be constructed below the base flood elevation are subject to increased risk of damage from floods, while future owners of the property and the community as a whole are subject to all the costs and risks that those increased flood damages bring. In addition, future owners may purchase the property, unaware that it is subject to potential flood damage, and can be insured only at very high flood insurance rates.
"Functionally dependent use" means a use which cannot perform its intended purpose unless it is located or carried out in close proximity to water. The term includes only docking facilities, port facilities that are necessary for the loading and unloading of cargo or passengers, and ship building and ship repair facilities, and does not include long-term storage or related manufacturing facilities.
"Governing body" is the local governing unit, i.e. county or municipality that is empowered to adopt and implement regulations to provide for the public health, safety and general welfare of its citizenry.
"Hardship" as related to Section 11.40.090 of this ordinance means the exceptional hardship that would result from a failure to grant the requested variance. The variance shall be exceptional, unusual, and peculiar to the property involved. Mere economic or financial hardship alone is not exceptional. Inconvenience, aesthetic considerations, physical handicaps, personal preferences, or the disapproval of one's neighbors likewise cannot, as a rule, qualify as an exceptional hardship. All of these problems can be resolved through other means without granting a variance, even if the alternative is more expensive, or requires the property owner to build elsewhere or put the parcel to a different use than originally intended.
"Highest adjacent grade" means the highest natural elevation of the ground surface prior to construction next to the proposed walls of a structure.
"Historic structure" means any structure that is:
1. Listed individually in the National Register of Historic Places (a listing maintained by the Department of Interior) or preliminarily determined by the Secretary of the Interior as meeting the requirements for individual listing on the National Register;
2. Certified or preliminarily determined by the Secretary of the Interior as contributing to the historical significance of a registered historic district or a district preliminarily determined by the Secretary to qualify as a registered historic district;
3. Individually listed on a state inventory of historic places in states with historic preservation programs which have been approved by the Secretary of Interior; or
4. Individually listed on a local inventory of historic places in communities with historic preservation programs that have been certified either by an approved state program as determined by the Secretary of the Interior or directly by the Secretary of the Interior in states without approved programs.
"Levee" means a man-made structure, usually an earthen embankment, designed and constructed in accordance with sound engineering practices to contain, control or divert the flow of water so as to provide protection from temporary flooding.
"Levee system" means a flood protection system which consists of a levee, or levees, and associated structures, such as closure and drainage devices, which are constructed and operated in accord with sound engineering practices.
"Lowest floor" means the lowest floor of the lowest enclosed area, including basement (see “Basement” definition).
1. An unfinished or flood resistant enclosure below the lowest floor that is usable solely for parking of vehicles, building access or storage in an area other than a basement area, is not considered a building’s lowest floor provided it conforms to applicable non- elevation design requirements, including, but not limited to:
a. The flood openings standard in Section 11 .40.080(A) (3) (C);
b. The anchoring standards in Section 11 .40.080(A)(1);
c. The construction materials and methods standards in Section 11 .40.080(A)(2); and
d. The standards for utilities in Section 11 .40.080(B).
"Manufactured home" means a structure, transportable in one or more sections, which is built on a permanent chassis and is designed for use with or without a permanent foundation when attached to the required utilities. The term "manufactured home" does not include a "recreational vehicle".
"Manufactured home park or subdivision" means a parcel (or contiguous parcels) of land divided into two or more manufactured home lots for rent or sale.
“Market value” is defined in the City of San Bruno substantial damage/improvement procedures. See Section 11 .40.070(B)(2)(a).
"Mean sea level" means, for purposes of the National Flood Insurance Program, the National Geodetic Vertical Datum (NGVD) of 1929, North American Vertical Datum (NAVD) of 1988, or other datum, to which base flood elevations shown on a community's Flood Insurance Rate Map are referenced.
"New construction", for floodplain management purposes, means structures for which the "start of construction" commenced on or after the effective date of this Ordinance and includes any subsequent improvements to such structures.
"New manufactured home park or subdivision" means a manufactured home park or subdivision for which the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including at a minimum, the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads) is completed on or after the effective date of this Ordinance.
"Obstruction" includes, but is not limited to, any dam, wall, wharf, embankment, levee, dike, pile, abutment, protection, excavation, channelization, bridge, conduit, culvert, building, wire, fence, rock, gravel, refuse, fill, structure, vegetation or other material in, along, across or projecting into any watercourse which may alter, impede, retard or change the direction and/or velocity of the flow of water, or due to its location, its propensity to snare or collect debris carried by the flow of water, or its likelihood of being carried downstream.
"One-hundred-year flood" or "100-year flood" - see "Base flood."
“Program deficiency” means a defect in a community’s floodplain management regulations or administrative procedures that impairs effective implementation of those floodplain management regulations.
"Public safety and nuisance" as related to Section 11 .40.090 of this ordinance, means that the granting of a variance must not result in anything which is injurious to safety or health of an entire community or neighborhood, or any considerable number of persons, or unlawfully obstructs the free passage or use, in the customary manner, of any navigable lake, or river, bay, stream, canal, or basin.
"Recreational vehicle" means a vehicle which is:
1. Built on a single chassis;
2. 400 square feet or less when measured at the largest horizontal projection;
3. Designed to be self-propelled or permanently towable by a light-duty truck; and
4. Designed primarily not for use as a permanent dwelling but as temporary living quarters for recreational, camping, travel, or seasonal use.
"Regulatory 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.
“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 ordinance or otherwise deterring future similar violations, or reducing State or Federal financial exposure with regard to the structure or other development.
"Riverine" means relating to, formed by, or resembling a river (including tributaries), stream, brook, etc.
"Start of construction" includes substantial improvement and other proposed new development and means the date the building permit was issued, provided the actual start of construction, repair, reconstruction, rehabilitation, addition, placement, or other improvement was within 180 days from the date of the permit. The actual start means either the first placement of permanent construction of a structure on a site, such as the pouring of slab or footings, the installation of piles, the construction of columns, or any work beyond the stage of excavation; or the placement of a manufacture 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 and/or walkways; nor does it include excavation for a basement, footings, piers, or foundations or the erection of temporary forms; nor does it include the installation on the property of accessory buildings, such as garages or sheds not occupied as dwelling units or not part of the main structure. For a substantial improvement, the actual start of construction means the first alteration of any wall, ceiling, floor, or other structural part of a building, whether or not that alteration affects the external dimensions of the building.
"Structure" means a walled and roofed building that is principally above ground; this includes a gas or liquid storage tank or 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 reconstruction, rehabilitation, addition, or other improvement of a structure, the cost of which equals or exceeds 50 percent of the market value of the structure before the "start of construction" of the improvement. This term includes structures which have incurred "substantial damage", regardless of the actual repair work performed. The term does not, however, include either:
1. Any project for improvement of a structure to correct existing violations or state or local health, sanitary, or safety code specifications which have been identified by the local code enforcement official and which are the minimum necessary to assure safe living conditions; or
2. Any alteration of a "historic structure," provided that the alteration will not preclude the structure's continued designation as a "historic structure."
"Variance" means a grant of relief from the requirements of this ordinance which permits construction in a manner that would otherwise be prohibited by this ordinance.
“Violation” means the failure of a structure or other development to be fully compliant with this ordinance. 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.
"Water surface elevation" means the height, in relation to the National Geodetic Vertical Datum (NGVD) of 1929, North American Vertical Datum (NAVD) of 1988, or other datum, of floods of various magnitudes and frequencies in the floodplains of coastal or riverine areas.
"Watercourse" means a lake, river, creek, stream, wash, arroyo, channel or other topographic feature on or over which waters flow at least periodically. Watercourse includes specifically designated areas in which substantial flood damage may occur.
11.40.060 General Provisions

A. Lands to Which This Ordinance Applies
This ordinance shall apply to all areas of special flood hazards within the jurisdiction of the City of San Bruno.
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 San Mateo County, California and Incorporated Areas” dated October 16, 2012, with accompanying Flood Insurance Rate Maps (FIRM’s) and Flood Boundary and Floodway Maps (FBFM’s), dated October 16, 2012, and all subsequent amendments and/or revisions, are hereby adopted by reference and declared to be a part of this ordinance. This does not limit the City’s right to challenge and appeal future revisions to the FIRM. This FIS and attendant mapping is the minimum area of applicability of this ordinance and may be supplemented by studies for other areas which allow implementation of this ordinance and which are recommended to the City of San Bruno City Council by the Floodplain Administrator. The study, FIRM’s and FBFM’s are on file at the City of San Bruno.
C. Compliance
No structure or land shall hereafter be constructed, located, extended, converted, or altered without full compliance with the terms of this ordinance and other applicable regulations. Violation of the requirements (including violations of conditions and safeguards) shall constitute a misdemeanor. Nothing herein shall prevent the City from taking such lawful action as is necessary to prevent or remedy any violation.
D. Abrogation and Greater Restrictions
This ordinance is not intended to repeal, abrogate, or impair any existing easements, covenants, or deed restrictions. However, where this ordinance and another ordinance, easement, covenant, or deed restriction conflict or overlap, whichever imposes the more stringent restrictions shall prevail.
E. Interpretation
In the interpretation and application of this ordinance, 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 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, the State of California, or the Federal Emergency Management Agency, for any flood damages that result from reliance on this ordinance or any administrative decision lawfully made hereunder.
11.40.70 Administration
A. Designation of the Floodplain Administrator

The Chief Building Official is hereby appointed to administer, implement, and enforce this ordinance by granting or denying development permits in accordance with its provisions.
B. Duties and Responsibilities of the Floodplain Administrator
The duties and responsibilities of the Floodplain Administrator shall include, but not be limited to the following:
1. Permit Review: Reviews all development permits to determine:
a. Permit requirements of this ordinance have been satisfied, including determination of substantial improvement and substantial damage of existing structures;
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. This means that the cumulative effect of the proposed development when combined with all other existing and anticipated development will not increase the water surface elevation of the base flood more than 1 foot at any point within the City of San Bruno; and
e. All Letters of Map Revision (LOMR’s) for flood control projects are approved prior to the issuance of building permits. Building Permits must not be issued based on Conditional Letters of Map Revision (CLOMR’s). Approved CLOMR’s allow construction of the proposed flood control project and land preparation as specified in the “start of construction” definition.
2. Development of Substantial Improvement and Substantial Damage Procedures.
a. Using FEMA publication FEMA 213, “Answers to Questions About Substantially Damaged Buildings,” develop detailed procedures for identifying and administering requirements for substantial improvement and substantial damage, to include defining “Market Value.”
b. Assure procedures are coordinated with other departments/divisions and implemented by community staff.
3. Review, Use and Development of Other Base Flood Data
a. When base flood elevation data has not been provided in accordance with Section 11 .40.060(B), the Floodplain Administrator shall obtain, review, and reasonably utilize any base flood elevation and floodway data available from a federal or state agency, or other source, in order to administer Section 11 .40.080. NOTE: A base flood elevation may be obtained using one of two methods from the FEMA publication, FEMA 265, “Managing Floodplain Development in Approximate Zone A Areas – A Guide for Obtaining and Developing Base (100-year) Flood Elevations” dated July 1995.
4. Notification of Other Agencies
a. Alteration or relocation of a watercourse:
i. Notify adjacent communities and the California Department of Water Resources prior to alteration or relocation;
ii. Submit evidence of such notification to the Federal Emergency Management Agency; and
iii. Assure that the flood carrying capacity within the altered or relocated portion of said watercourse is maintained.
b. Base Flood Elevation changes due to physical alterations:
i. Within 6 months of information becoming available or project completion, whichever comes first, the floodplain administrator shall submit or assure that the permit applicant submits technical or scientific data to FEMA for a Letter of Map Revision (LOMR).
ii. All LOMR’s for flood control projects are approved prior to the issuance of building permits. Building Permits must not be issued based on Conditional Letters of Map Revision (CLOMR’s). Approved CLOMR’s allow construction of the proposed flood control project and land preparation as specified in the “start of construction” definition.
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.
c. Changes in corporate boundaries:
Notify FEMA in writing whenever the corporate boundaries have been modified by annexation or other means and include a copy of a map of the community clearly delineating the new corporate limits.
5. Documentation of Floodplain Development.
Obtain and maintain for public inspection and make available as needed the following:
a. Certification required by Section 11 .40.080(A)(3)(a) and Section 11 .40.080(D) (lowest floor elevations);
b. Certification required by Section 11 .40.080(A)(3)(b) (elevation or floodproofing of nonresidential structures);
c. Certification required by Section 11 .40.080(A)(3)(c) (wet floodproofing standard):
d. Certification required by Sections 11 .40.080(C)(1)(c)(subdivisions and other proposed development standards);
e. Certification required by Section 11 .40.080(F)(2) (floodway encroachments); and
f. Maintain a record of all variance actions, including justification for their issuance, and report such variances issued in its biennial report submitted to the Federal Emergency Management Agency.
6. Map Determination
Make interpretations where needed, as to the exact location of the boundaries of the areas of special flood hazard, where there appears to be a conflict between a mapped boundary and actual field conditions. The person contesting the location of the boundary shall be given a reasonable opportunity to appeal the interpretation as provided in Section 11 .40.070(D).
7. Remedial Action
Take action to remedy violations of this ordinance as specified in Section 11 .40.060(C).
8. Biennial Report
Complete and submit Biennial Report to FEMA.
9. Planning
Assure community’s General Plan is consistent with floodplain management objectives
herein.
C. Development Permit
A development permit shall be obtained before any construction or other development, including manufactured homes, within any area of special flood hazard established in Section 11 .40.060(B). Application for a development permit shall be made on forms furnished by the City. The applicant shall provide the following minimum information:
1. Plans in duplicate, drawn to scale, showing:
a. Location, dimensions, and elevation of the area in question, existing or proposed structures, storage of materials and equipment and their location;
b. Proposed locations of water supply, sanitary sewer, and other utilities;
c. Grading information showing existing and proposed contours, any proposed fill, and drainage facilities;
d. Location of the regulatory floodway when applicable;
e. Base flood elevation information as specified in Section 11 .40.060(B) or Section 11 .40.070(B)(3);
f. Proposed elevation in relation to mean sea level, of the lowest floor (including basement) of all structures; and
g. Proposed elevation in relation to mean sea level to which any nonresidential structure will be floodproofed, as required in Section 11 .40.080(A)(3)(b) of this ordinance and detailed in FEMA Technical Bulletin TB 3-93.
2. Certification from a registered civil engineer or architect that the nonresidential floodproofed building meets the floodproofing criteria in Section 11 .40.080(A) (3) (b).
3. For a crawl-space foundation, location and total net area of foundation openings as required in Section 11 .40.080(A)(3)(c) of this ordinance and detailed in FEMA Technical Bulletins 1-93 and 7-93.
4. Description of the extent to which any watercourse will be altered or relocated as a result of proposed development.
5. All appropriate certifications listed in Section 11 .40.070(B)(5) of this ordinance. D. APPEALS
The City’s Appeals Board shall hear and decide appeals when it is alleged there is an error in any requirement, decision, or determination made by the Floodplain Administrator in the enforcement or administration of this ordinance.
11.40.080 Provisions for Flood Hazard Reduction
A. Standards of Construction
In all areas of special flood hazards the following standards are required:
1. Anchoring. All new construction and substantial improvements of structures, including manufactured homes, shall be adequately anchored to prevent flotation, collapse or lateral movement of the structure resulting from hydrodynamic and hydrostatic loads, including the effects of buoyancy.
2. Construction Materials and Methods. All new construction and substantial
improvements of structures, including manufactured homes, shall be constructed:
a. With flood resistant materials, and utility equipment resistant to flood damage for areas below the base flood elevation;
b. Using methods and practices that minimize flood damage; and
c. With electrical, heating, ventilation, plumbing and air conditioning equipment and other service facilities that are designed and/or located so as to prevent water from entering or accumulating within the components during conditions of flooding.
3. Elevation and Floodproofing.
a. Residential Construction. All new construction or substantial improvements of residential structures in AE Zones shall have the lowest floor, including basement: elevated to or above the base flood elevation. Upon the completion of the structure, the elevation of the lowest floor, including basement, shall be certified by a registered civil engineer or licensed land surveyor, and verified by the community building inspector to be properly elevated. Such certification and verification shall be provided to the Floodplain Administrator.
b. Nonresidential Construction. All new construction or substantial improvements of nonresidential structures shall either be elevated to conform to Section 11 .40.080(A)(3)(a) or:
i. Be floodproofed, together with attendant utility and sanitary facilities, below the elevation recommended under Section 11 .40.080(A)(3)(a), so that 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 civil engineer or architect that the standards of Section 11 .40.080(A)(3)(b)(i) and 11 .40.080(A)(3)(b)(ii) are satisfied. Such certification shall be provided to the Floodplain Administrator.
c. 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 non-engineered openings:
1. Have a minimum of two openings on different sides having a total net area of not less than one square inch for every square foot of enclosed area subject to flooding;
2. The bottom of all openings shall be no higher than one foot above grade;
3. 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
4. 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.
d. Manufactured Homes. See Section 11.40.080(D).
e. Garages and Low Cost Accessory Structures
i. Attached garages.
1. A garage attached to a residential structure, constructed with the garage floor slab below the BFE, must be designed to allow for the automatic entry of flood waters. See Section 11 .40.080(A) (3) (c). Areas of the garage below the BFE must be constructed with flood resistant materials. See Section 11 .40.080(A) (2).
2. A garage attached to a nonresidential structure must meet the above requirements or be dry floodproofed. For guidance on below grade parking areas, see FEMA Technical Bulletin TB-6.
ii. Detached garages and accessory structures.
1. “Accessory structures” used solely for parking (2 car detached garages or smaller) or limited storage (small, low-cost sheds), as defined in Section 11 .40.050, may be constructed such that its floor is below the base flood elevation (BFE), provided the structure is designed and constructed in accordance with the following requirements:
a. Use of the accessory structure must be limited to parking or limited storage;
b. The portions of the accessory structure located below the BFE must be built using flood-resistant materials;
c. The accessory structure must be adequately anchored to prevent flotation, collapse and lateral movement;
d. Any mechanical and utility equipment in the accessory structure must be elevated or floodproofed to or above the BFE;
e. The accessory structure must comply with floodplain encroachment provisions in Section 11.40.080(F); and
f. The accessory structure must be designed to allow for the automatic entry of flood waters in accordance with Section 11 .40.080(A)(3)(c).
2. Detached garages and accessory structures not meeting the above standards must be constructed in accordance with all applicable standards in Section 11.40.080(A).
f. Crawlspace Construction. This sub-section applies to buildings with crawl spaces up to 2 feet below grade. Below-grade crawl space construction in accordance with the requirements listed below will not be considered basements.
i. The building must be designed and adequately anchored to resist flotation, collapse, and lateral movement of the structure resulting from hydrodynamic and hydrostatic loads, including the effects of buoyancy. Crawl space construction is not allowed in areas with flood velocities greater than 5 feet per second unless the design is reviewed by a qualified design professional, such as a registered architect or professional engineer;
ii. The crawl space is an enclosed area below the BFE and, as such, must have openings that equalize hydrostatic pressures by allowing for the automatic entry and exit of floodwaters. For guidance on flood openings, see FEMA Technical Bulletin 1-93;
iii. Portions of the building below the BFE must be constructed with materials resistant to flood damage. This includes not only the foundation walls of the crawl space used to elevate the building, but also any joists, insulation, or other materials that extend below the BFE; and
iv. Any building utility systems within the crawl space must be elevated above BFE or designed so that floodwaters cannot enter or accumulate within the system components during flood conditions.
v. Requirements for all below-grade crawl space construction, in addition to the above requirements, to include the following:
1. The interior grade of a crawl space below the BFE must not be more than 2 feet below the lowest adjacent exterior grade (LAG), shown as D in figure 3 of Technical Bulletin 11-01;
2. The height of the below-grade crawl space, measured from the interior grade of the crawl space to the top of the crawl space foundation wall must not exceed 4 feet (shown as L in figure 3 of Technical Bulletin 11-01) at any point;
3. There must be an adequate drainage system that removes floodwaters from the interior area of the crawl space within a reasonable period of time after a flood event, not to exceed 72 hours; and
4. The velocity of floodwaters at the site should not exceed 5 feet per second for any crawl space. For velocities in excess of 5 feet per second, other foundation types should be used.
B. Standards for Utilities
1. All new and replacement water supply and sanitary sewage systems shall be designed to minimize or eliminate:
a. Infiltration of flood waters into the systems; and
b. Discharge from the systems into flood waters.
2. On-site waste disposal systems shall be located to avoid impairment to them, or contamination from them during flooding.
C. Standards for Subdivisions and Other Proposed Development.
1. All new subdivisions proposals and other proposed development, including proposals for manufactured home parks and subdivisions, greater than 50 lots or 5 acres, whichever is the lesser, shall:
a. Identify the Special Flood Hazard Areas (SFHA) and Base Flood Elevations (BFE).
b. Identify the elevations of lowest floors of all proposed structures and pads on the final plans.
c. If the site is filled above the base flood elevation, the following as-built information for each structure shall be certified by a registered civil engineer or licensed land surveyor and provided as part of an application for a Letter of Map Revision based on Fill (LOMR-F) to the Floodplain Administrator:
i. Lowest floor elevation.
ii. Pad elevation.
iii. Lowest adjacent grade.
2. All subdivision proposals and other proposed development shall be consistent with the need to minimize flood damage.
3. All subdivision proposals and other proposed development shall have public utilities and facilities such as sewer, gas, electrical and water systems located and constructed to minimize flood damage.
4. All subdivisions and other proposed development shall provide adequate drainage to reduce exposure to flood hazards.
D. Standards for Manufactured Homes
1. All manufactured homes that are placed or substantially improved, on sites located: (1) outside of a manufactured home park or subdivision; (2) in a new manufactured home park or subdivision; (3) in an expansion to an existing manufactured home park or subdivision; or (4) in an existing manufactured home park or subdivision upon which a manufactured home has incurred "substantial damage" as the result of a flood, shall: a. Within Zone AE on the community's Flood Insurance Rate Map, be elevated on a permanent foundation such that the lowest floor of the manufactured home is elevated to or above the base flood elevation and be securely fastened to an adequately anchored foundation system to resist flotation, collapse, and lateral movement.
2. All manufactured homes to be placed or substantially improved on sites in an existing manufactured home park or subdivision within Zone AE on the community's Flood
Insurance Rate Map that are not subject to the provisions of Section 11.40.080(D)(1) will be securely fastened to an adequately anchored foundation system to resist flotation, collapse, and lateral movement, and be elevated so that either the:
a. Lowest floor of the manufactured home is at or above the base flood elevation; or
b. Manufactured home chassis is supported by reinforced piers or other foundation elements of at least equivalent strength that are no less than 36 inches in height above grade.
Upon the completion of the structure, the elevation of the lowest floor including basement shall be certified by a registered civil engineer or licensed land surveyor, and verified by the community building inspector to be properly elevated. Such certification and verification shall be provided to the Floodplain Administrator.
E. Standards for Recreational Vehicles. All recreational vehicles placed in Zone AE shall either:
1. Be on the site for fewer than 180 consecutive days; or
2. Be fully licensed and ready for highway use. A recreational vehicle is ready for highway use if it is on its wheels or jacking system, is attached to the site only by quick disconnect type utilities and security devices, and has no permanently attached additions; or
3. Meet the permit requirements of Section 11.40.43 of this ordinance and the elevation and anchoring requirements for manufactured homes in Section 11 .40.54.A.
F. Floodways. Since floodways are an extremely hazardous area due to the velocity of flood waters which carry debris, potential projectiles, and erosion potential, the following provisions apply:
1. Until a regulatory floodway is adopted, no new construction, substantial development, or other development (including fill) shall be permitted within Zone AE, unless it is demonstrated that the cumulative effect of the proposed development, when combined with all other development, will not increase the water surface elevation of the base flood more than 1 foot at any point within the City of San Bruno.
2. Within an adopted regulatory floodway, the City of San Bruno shall prohibit encroachments, including fill, new construction, substantial improvements, and other development, unless certification by a registered civil engineer is provided demonstrating that the proposed encroachment shall not result in any increase in flood levels during the occurrence of the base flood discharge.
3. If Sections 11.40.080(F)(1) and (2) are satisfied, all new construction, substantial improvement, and other proposed new development shall comply with all other applicable flood hazard reduction provisions of Section 11.40.080.
11.40.090 Variance and Appeals Procedures.
Nature of Variances. The issuance of a variance is for floodplain management purposes only. Insurance premium rates are determined by statute according to actuarial risk and will not be modified by the granting of a variance. The variance criteria set forth in this section of the ordinance are based on the general principle of zoning law that variances pertain to a piece of property and are not personal in nature. A variance may be granted for a parcel of property with physical characteristics so unusual that complying with the requirements of this ordinance would create an exceptional hardship to the applicant or the surrounding property owners. The characteristics must be unique to the property and not be shared by adjacent parcels. The
unique characteristic must pertain to the land itself, not to the structure, its inhabitants, or the property owners.
A. Conditions for Variances.
1. Generally, variances may be issued for new construction, substantial improvement, and other proposed new development to be erected on a lot of one-half acre or less in size contiguous to and surrounded by lots with existing structures constructed below the base flood level, providing that the procedures of Sections 11.40.070 and 11.40.080 of this ordinance have been fully considered. As the lot size increases beyond one-half acre, the technical justification required for issuing the variance increases.
2. Variances may be issued for the repair or rehabilitation of "historic structures" (as defined in Section 11.40.050 of this ordinance) upon a determination that the proposed repair or rehabilitation will not preclude the structure's continued designation as an historic structure and the variance is the minimum necessary to preserve the historic character and design of the structure.
3. Variances shall not be issued within any mapped regulatory floodway if any increase in flood levels during the base flood discharge would result.
4. Variances shall only be issued upon a determination that the variance is the "minimum necessary" considering the flood hazard, to afford relief. "Minimum necessary" means to afford relief with a minimum of deviation from the requirements of this ordinance. For example, in the case of variances to an elevation requirement, this means the Floodplain Administrator need not grant permission for the applicant to build at grade, or even to whatever elevation the applicant proposes, but only to that elevation which the Floodplain Administrator believes will both provide relief and preserve the integrity of the local ordinance.
5. Any applicant to whom a variance is granted shall be given written notice over the signature of a community official that:
a. The issuance of a variance to construct a structure below the base flood level will result in increased premium rates for flood insurance up to amounts as high as $25 for $100 of insurance coverage, and
b. Such construction below the base flood level increases risks to life and property. It is recommended that a copy of the notice shall be recorded by the Floodplain Administrator in the Office of the San Mateo County Recorder and shall be recorded in a manner so that it appears in the chain of title of the affected parcel of land.
6. The Floodplain Administrator will maintain a record of all variance actions, including justification for their issuance, and report such variances issued in its biennial report submitted to the Federal Emergency Management Agency.
B. Appeal Board
1. In reviewing appeals of Variance decisions, the Appeals Board shall consider all technical evaluations, all relevant factors, standards specified in other sections of this ordinance, and the:
a. Danger that materials may be swept onto other lands to the injury of others;
b. Danger of life and property due to flooding or erosion damage;
c. Susceptibility of the proposed facility and its contents to flood damage and the effect of such damage on the existing individual owner and future owners of the property;
d. Importance of the services provided by the proposed facility to the community;
e. Necessity to the facility of a waterfront location, where applicable;
f. Availability of alternative locations for the proposed use which are not subject to flooding or erosion damage;
g. Compatibility of the proposed use with existing and anticipated development;
h. Relationship of the proposed use to the comprehensive plan and floodplain management program for that area;
i. Safety of access to the property in time of flood for ordinary and emergency vehicles;
j. Expected heights, velocity, duration, rate of rise, and sediment transport of the flood waters expected at the site; and
k. Costs of providing governmental services during and after flood conditions, including maintenance and repair of public utilities and facilities such as sewer, gas, electrical, and water system, and streets and bridges.
2. Variances shall only be issued upon a:
a. Showing of good and sufficient cause;
b. Determination that failure to grant the variance would result in exceptional "hardship" to the applicant; and
c. Determination that the granting of a variance will not result in increased flood heights, additional threats to public safety, or extraordinary public expense, create a nuisance (see "Public safety and nuisance"), cause “fraud and victimization” of the public, or conflict with existing local laws or ordinances
3. Variances may be issued for new construction, substantial improvement, and other proposed new development necessary for the conduct of a functionally dependent use provided that the provisions of Sections 11 .40.090(B)(1) through 11 .40.090(B)(4) are satisfied and that the structure or other development is protected by methods that minimize flood damages during the base flood and does not result in additional threats to public safety and does not create a public nuisance.
4. Upon consideration of the factors of Section 11 .40.090(A) and the purposes of this ordinance, the City Council of San Bruno may attach such conditions to the granting of variances as it deems necessary to further the purposes of this ordinance.
SECTION 3. NO MANDATORY DUTY OF CARE. This Ordinance is not intended to and shall not be construed or given effect in a manner that imposes upon the City, or any officer or employee thereof, a mandatory duty of care towards persons or parties within the city or outside of the city, so as to provide a basis of civil liability for damages, except as otherwise imposed by law.
SECTION 4. CONSTITUTIONALITY; SEVERABILITY. If any section, subsection, sentence, clause or phrase of this Ordinance is for any reason held to be unconstitutional, invalid or ineffective by a court of competent jurisdiction, such decision shall not affect the validity or effectiveness of the remaining portions of this Ordinance. The City Council hereby declares that it would have passed this Ordinance, and each section, subsection, sentence, clause and phrase thereof irrespective of the fact that any one or more sections, subsections, sentences, clauses or phrases be declared unconstitutional, invalid or ineffective.
SECTION 5. CEQA EXEMPTION. The City Council finds, pursuant to Title 14 of the California Code of Regulations, Section 15061(b)(3), that this Ordinance is exempt from the requirements of the California Environmental Quality Act (CEQA) in that it is not a Project that has the potential for causing a significant effect on the environment. The Council therefore directs that the Planning Division may file a Notice of Exemption with the San Mateo County Clerk.
SECTION 6. EFFECTIVE DATE. This Ordinance shall take effect thirty (30) days from and after the date of its adoption.
SECTION 7. PUBLICATION. The City Clerk is directed to cause publication of this Ordinance as required by law.
Rico E. Medina, Mayor
ATTEST:
Melissa Thurman, City Clerk
APPROVED AS TO FORM:
Marc Zafferano, City Attorney
--oOo--
I hereby certify that the foregoing Ordinance No. 2019- was introduced on
, and adopted at a regular meeting of the San Bruno City Council on ,
by the following vote:
AYES: COUNCILMEMBERS:
NOES: COUNCILMEMBERS:
ABSENT: COUNCILMEMBERS:

Melissa Thurman, City Clerk

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FULL Council Agenda Packet WITH Staff Reports can be viewed and downloaded from:

https://sanbruno.ca.gov/gov/elected_officials/city_council_minutes_n_agendas.htm

This document should be available late Thursday or Friday before the Tuesday Council Meeting

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Robert Riechel

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