FLOODPLAIN MANAGEMENT PROGRAMS

SF-ADMIN ch. 2A, art. XX

in effect

SF Administrative Code § 2A.280 FINDINGS AND PURPOSE.

SEC. 2A.280. FINDINGS AND PURPOSE. (a The Federal Emergency Management Agency (FEMA) has prepared a Flood Insurance Rate Map (FIRM) for the City and County of San Francisco. The FIRM provides flood risk information for flood insurance and floodplain management purposes under the National Flood Insurance Program (NFIP). (b When a community participates 1 the NFIP, the Federal government provides financial backing to enable residents and businesses in the community to obtain affordable flood insurance; in exchange, the community adopts floodplain management regulations that meet the minimum requirements of the NFIP and reduce the risk of damage during floods 1 The community’s participation in the NFIP enables businesses and residents within flood-prone areas to obtain loans from Federally backed and Federally regulated lenders and enables the community to obtain Federal disaster assistance following presidentially declared flooding disasters. (c To meet the minimum requirements of the NFIP, the the 1 community’s floodplain management ordinance must require new development, and substantial improvements and substantial repairs of damage to existing structures in designated flood-prone areas be protected against flood damage at the time of initial construction; and must prohibit certain uses that would increase flood hazards. (d By joining the NFIP and adopting a floodplain ordinance that meets the minimum requirements of the NFIP, the City provides all City residents and businesses the opportunity to obtain Federally backed flood insurance that would provide financial protection against damages resulting from flooding. (e The floodplain management regulations in this ordinance, Article XX, are consistent with the NFIP requirements. (f) The floodplain management regulations adopted by this ordinance were developed by the City Administrator, in consultation with the Department of Building Inspection, the Planning Department, the Department of Public Works, the Office of Economic and Workforce Development, the Public Utilities Commission, the Port of San Francisco, the San Francisco International Airport, the Treasure Island Development Authority, and the City Attorney’s Office. (g) The City and County of San Francisco adopts the following floodplain management regulations under its authority to adopt regulations designed to promote the public health, safety, and general welfare of its residents granted by Article II, sections 5 and 7 of the California Constitution. (h) The purpose of this ordinance is to promote the public health, safety, and general welfare, and minimize public and private losses due to flood conditions in specific areas by imposing provisions designed to: (1) Protect human life and health; (2) Minimize expenditure of public money for costly flood control projects; (3) Minimize the need for rescue and relief efforts associated with flooding and generally undertaken at the expense of the general public; (4) Minimize prolonged business interruptions; (5) 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; (6) 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; (7) Ensure that potential buyers are notified that property is in an area of special flood hazard; and (8 Ensure that those who occupy the areas of special flood hazard assume responsibility for their actions. (Added by Ord. 188-08, File No. 080823, App. 8/7/2008; amended by Ord. 56-10, File No. 100136, App. 3/25/2010; Ord. 226-20, File No. 200537, App. 11/13/2020, Eff. 12/14/2020) CODIFICATION NOTE 1. So in Ord. 226-20.

SF Administrative Code § 2A.281 DEFINITIONS.

SEC. 2A.281. DEFINITIONS. “Accessory structure” means a structure that is either solely for the parking of no more than two cars, or a small, low-cost shed for limited storage, less than 150 square feet and $1,500 in value. “Base flood” means a flood that has a 1% chance of being equaled or exceeded in any given year (also called the “100 year flood”). 1 Base flood elevation” (BFE) means the elevation shown on the FIRM for Zones AE, AH, A1-30, VE and V1-V30 that indicates the water surface elevation resulting from a flood that has a 1% or greater chance of being equaled or exceeded in any given year. “Building” - see “Structure.” “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 1 “Flood” or “flooding” 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; or mudslides (i.e., mudflows) that are proximately caused by flooding. (2) The collapse or subsidence of land along the shore of a lake or other body of water as a result of erosion or undermining caused by waves or currents of water exceeding anticipated cyclical levels or suddenly caused by an unusual and unforeseeable event which results in flooding as defined in this definition. “Flood Insurance Rate Map” (FIRM) means the official map on which FEMA 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 FEMA that includes flood profiles, the FIRM, and the water surface elevations of the base flood. “Floodplain” or “flood-prone area” means any land area susceptible to being inundated by water, as shown on the FIRM or as designated by the Floodplain Administrator. “Floodplain Administrator” is the City Administrator or the City Administrator’s designee. “Floodplain management” means the operation of a 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 includes applicable federal, state, or local regulations that 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” or “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. Also referred to as “regulatory floodway.” “Functionally dependent use” means a use that cannot perform its intended purpose unless it is located or carried out in close proximity to water. The term includes, but is not limited to, docking facilities, port facilities that are necessary for the loading and unloading of cargo or passengers, facilities that provide waterfront public access, and ship building and ship repair facilities,1 “Historic structure” means any structure that is 1) Listed individually in the National Register of Historic Places 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 the Interior; (4) Determined as contributing to the historical significance of a district listed on a state inventory of historic places for a state program approved by the Secretary of Interior; (5) Individually listed on a local inventory of historic places in communities with historic preservation programs, including, but not limited to those structures 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; (6) Determined as contributing to the historical significance of a district listed on a local inventory of historic places, including, but not limited to those structures that have been certified either by an approved state program or by the Secretary of the Interior; or (7) Determined to be an historic resource in accordance with the Planning Department’s CEQA Review Procedures for Historic Resources. 1 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. “New construction” means structures for which the “start of construction” commenced on or after the effective date of floodplain management regulations adopted pursuant to this ordinance, and includes any substantial 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 the ordinance in Board File No. 200537 adding this definition to this Article XX. “One hundred year flood” or “100-year flood” means a flood that has a 1% chance of being equaled or exceeded in any given year. “Recreational vehicle" means a vehicle that 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. “Special flood hazard area” (SFHA) means an area in the floodplain subject to a 1% or greater chance of flooding in any given year that is shown on FIRM as Zone A, AO, A1, A30, AE, A99, AH, V1, V30, VE, or V. “Start of construction” includes substantial improvement and other proposed new development and means the date the building permit was issued, provided the actual 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, the placement of a manufactured home on a foundation, or any work beyond the stage of excavation. 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% of the market value of the structure before the damage occurred. The term does not include any alteration of or exterior addition to a damaged “historic structure,” provided that the alteration or addition will not preclude the structure’s continued designation as a “historic structure.” “Substantial improvement” means any reconstruction, rehabilitation, addition, or other proposed new development of a structure, the cost of which equals or exceeds 50% of the market value of the structure before the “start of construction” of the improvement. This term includes structures that have incurred “substantial damage,” regardless of the actual repair work performed. The term does not 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, or attached exterior addition to, an “historic structure,” provided that the alteration or addition will not preclude the structure’s continued designation as an “historic structure.” (Added by Ord. 188-08, File No. 080823, App. 8/7/2008; amended by Ord. 56-10, File No. 100136, App. 3/25/2010; Ord. 226-20, File No. 200537, App. 11/13/2020, Eff. 12/14/2020) CODIFICATION NOTE 1. So in Ord. 226-20.

SF Administrative Code § 2A.282 ADMINISTRATION.

SEC. 2A.282. ADMINISTRATION. (a) Floodplain Administrator. The duties and responsibilities of the Floodplain Administrator shall include, but not be limited to, providing oversight and guidance for the administration of floodplain management requirements and policies; providing floodplain management reports and information as required by applicable federal, state, and local requirements 1 for physical changes affecting flooding conditions and resulting in changes to flood hazard data shown on the FIRM, notifying FEMA of the changes by submitting technical or scientific data in accordance with the NFIP regulations within six months of the data becoming available; and notifying neighboring communities of watercourse alterations or relocations, if any. (b) Floodplain and flood-prone area maps. (1. The SFHAs identified by FEMA in the Flood Insurance Study for the City and County of San Francisco, dated 2019, with accompanying FIRM, and all subsequent amendments and revisions, are adopted by reference and incorporated by reference into this Chapter XX. (2) In addition, FEMA has prepared final flood insurance studies and FIRMs for communities that contain City-owned and operated facilities located in Alameda, Fresno, Kern, San Joaquin, San Mateo, Santa Clara, Stanilaus,1 and Tuolumne Counties. The SFHAs identified on the final Flood Insurance Studies and FIRMs for these counties, and all subsequent amendments and revisions, are adopted by reference and incorporated by reference into this Chapter XX, but only for those portions of the studies and DIRMs1 covering City-owned and operated facilities and only to the extent such facilities have been identified as being located within an SFHA on the applicable FIRM. (c) As provided by Appendix D to the Charter and in accordance with Chapter 1A of the San Francisco Building Code, the Department of Building Inspection is responsible for reviewing all development permit applications to determine whether the permit requirements of this ordinance have been satisfied, whether all other required state and federal permits have been obtained, and whether the site is reasonably safe from flooding. This subsection (c) does not apply to projects undertaken by the Port of San Francisco, the San Francisco Airport, or the San Francisco Public Utilities Commission, whether located within or outside the boundaries of San Francisco. (d) As provided by Section 4.114 of the Charter, the Port Commission, acting by and through its Chief Harbor Engineer, is responsible for reviewing all permit applications for development within the Port Commission’s jurisdiction to determine whether the permit requirements of this ordinance have been satisfied, whether all other required state and federal permits have been obtained, and whether the site is reasonably safe from flooding. Under the Charter, the Port Commission has adopted building standards for construction in Port areas designated by the City Administrator as flood-prone that are consistent with the requirements of applicable federal and state floodplain management regulations. (e) As provided in Section 4.115 of the Charter, the Airport Commission has authority for the management, supervision, maintenance, operation, and control of all Airport property and all construction at the Airport. Pursuant to this authority, the Airport Commission has adopted building standards that prescribe the codes, regulations, and design requirements that must be used for construction and installation of development at the Airport, including compliance with the California Building Code. The Airport’s Building Inspection and Code Enforcement department issues all development permits at the Airport, assures compliance with the Airport’s building and design standards, and will determine whether the standards of construction required under this ordinance have been satisfied and whether all other required state and federal permits have been obtained. (f) As provided in Section 8B.121 of the Charter, the San Francisco Public Utilities Commission has exclusive charge of the construction, management, supervision, maintenance, extension, expansion, operation, use, and control of all water, clean water and energy supplies and utilities of the City. Pursuant to this authority, the San Francisco Public Utilities Commission’s General Manager assures compliance with the San Francisco Building Code and will determine whether the standards of construction required under this ordinance have been satisfied and whether all other required state and federal permits have been obtained. g) All building standards for construction on City-owned property located outside the boundaries of the City and in areas designated by FEMA as flood-prone shall be consistent with the requirements of this ordinance and applicable federal and state floodplain management regulations. Each City department with jurisdiction over the development of such property shall determine whether the requirements of this ordinance have been satisfied, whether all other required state and federal permits have been obtained; and whether the site is reasonably safe from flooding. (Added by Ord. 188-08, File No. 080823, App. 8/7/2008; amended by Ord. 56-10, File No. 100136, App. 3/25/2010; Ord. 226-20, File No. 200537, App. 11/13/2020, Eff. 12/14/2020) CODIFICATION NOTE 1. So in Ord. 226-20.

SF Administrative Code § 2A.283 PROVISIONS FOR FLOOD HAZARD REDUCTION.

SEC. 2A.283. PROVISIONS FOR FLOOD HAZARD REDUCTION. (a Permits. A permit or other applicable approval shall be obtained for all proposed development of buildings and structures located within a floodplain or flood prone area designated in accordance with Section 2A.282(b), and shall be issued in accordance with applicable procedures for authorizing such construction within the appropriate City departments’ jurisdiction. No building, structure, or land shall be constructed, located, extended, converted, or altered within a floodplain or flood-prone area without full compliance with the requirements of this ordinance and other applicable regulations. The requirements of this ordinance and other applicable regulations shall take precedence over any less restrictive conflicting local laws. The appropriate City department shall maintain a record of the elevation (in relation to NAVD88) of the lowest floor (including basement) of all new and substantially improved structures; and, in all cases of floodproofing, the elevation (in relation to NAVD88) to which the structure was floodproofed in accordance with subections1 (b), (c), or (d). b) Standards of Construction for Floodplain Areas. (1) All new construction and substantial improvements shall be designed and constructed in accordance with the requirements of San Francisco Building Code Section 1612, California Building Code Section 1612, or other comparable code requirements applicable to the City agency or department implementing the standards of construction under this Article XX, as any of the foregoing code requirements may be amended from time to time. (2) Standards for Subdivisions. If a subdivision proposal is in a flood-prone area, any such proposals shall be reviewed to assure that: (A) All such proposals are consistent with the need to minimize flood damage within the flood prone area; (B) All public utilities and facilities such as sewer, gas, electrical, and water systems are located and constructed to minimize or eliminate flood damage; and (C) Adequate drainage is provided to reduce exposure to flood hazards. (3) Standards For Utilities. 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 floodwaters. (4) Manufactured Homes. All manufactured homes that are placed or substantially improved, on sites located in a new manufactured home park or subdivision within Zones A1-30, AH, and AE on the community’s Flood Insurance Rate Map, shall 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 is securely fastened to an adequately anchored foundation system to resist flotation, collapse, and lateral movement. (5) Recreational Vehicles. All recreational vehicles placed in Zones A1-30, AH, and AE shall either: (1)1 Be on the site for fewer than 180 consecutive days; or (2)1 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)1 Meet the permit requirements of subsection (a) and the elevation and anchoring requirements for manufactured homes in subsection (b)(4). (c Variances. (1 A variance from the standards provided by this Section 2A.283 may be granted by the appropriate approval authority 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. Variances shall be issued upon a determination that the variance is the minimum necessary, considering the flood hazard, to afford relief. Variance determinations shall include a showing of good and sufficient cause that: (A) Failure to grant the variance would result in exceptional hardship to the applicant; and (B) The granting of a variance will not result in increased flood heights, additional threats to public safety, or extraordinary public expense, create a nuisance, cause fraud and victimization of the public, or conflict with existing local laws or ordinances. (2) Notwithstanding subsection (c)(1), 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. (3) Notwithstanding subsection (c)(1), variances shall be issued for: (A) The repair or rehabilitation of, or exterior addition to, historic structures upon a determination that the proposed repair, rehabilitation, or addition will not preclude the structure’s continued designation as an historic structure. (B) New construction, substantial improvement, and other proposed new development necessary for the conduct of a functionally dependent use, provided that the structure or building is protected by methods that minimize flood damages, and that issuance of the variance does not result in additional threats to public safety or create a public nuisance. (Added by Ord. 188-08, File No. 080823, App. 8/7/2008; amended by Ord. 56-10, File No. 100136, App. 3/25/2010; Ord. 226-20, File No. 200537, App. 11/13/2020, Eff. 12/14/2020) CODIFICATION NOTE 1. So in Ord. 226-20.

SF Administrative Code § 2A.284 LIABILITY.

SEC. 2A.284. LIABILITY. The degree of flood protection required by this ordinance, Article XX, is considered reasonable for regulatory purposes and is based on scientific and engineering considerations. This ordinance shall not create liability on the part of the City and County of San Francisco, any officer or employee thereof, 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 made hereunder. (Added by Ord. 188-08, File No. 080823, App. 8/7/2008; amended by Ord. 56-10, File No. 100136, App. 3/25/2010; Ord. 226-20, File No. 200537, App. 11/13/2020, Eff. 12/14/2020)

SF Administrative Code § 2A.285 SEVERABILITY.

SEC. 2A.285. SEVERABILITY. This Article XX and the various parts thereof are hereby declared to be severable. Should any section or other part of Article XX, or application thereof, be declared by the courts to be unconstitutional or invalid, such decision shall not affect the validity of Article XX as a whole, or any portion or application thereof other than the section, other part, or application so declared to be unconstitutional or invalid. (Added by Ord. 188-08, File No. 080823, App. 8/7/2008; amended by Ord. 56-10, File No. 100136, App. 3/25/2010; Ord. 226-20, File No. 200537, App. 11/13/2020, Eff. 12/14/2020)

Source: City and County of San Francisco, Charter and Municipal Codes (American Legal Publishing, codelibrary.amlegal.com)URL: https://codelibrary.amlegal.com/codes/san_francisco/latest/sf_admin/0-0-0-1174Fetched: 11/1/2026