A development permit shall be obtained before construction or development begins within any area of special flood hazards, areas of flood-related erosion hazards or areas of mudslide (i.e., mudflow) established in Section 8.11.320. The Floodplain Administrator shall require any owner, builder, developer or individual, wishing to develop in a designated floodplain, to obtain the services of a registered civil engineer to determine and certify the base flood elevation. Applications for a development permit shall be made on forms furnished by the Floodplain Administrator and may include, but are not limited to: plans in duplicate drawn to scale showing the nature, location, dimensions and elevation of the area in question; existing or proposed structures, fill, storage of materials, drainage facilities, and the location of the foregoing. Specifically, the following information is required:
A.
Proposed
elevation in relation to mean sea level, of the lowest floor (including
basement) of all structures in Zone AO, elevation of highest adjacent
grade and proposed elevation of lowest floor of all structures;
B.
Proposed
elevation in relation to mean sea level to which any structure will
be floodproofed;
C.
All appropriate certifications listed in Section 8.11.430(D) of this chapter; and
D.
Description
of the extent to which any watercourse will be altered or relocated
as a result of proposed development.
(Ord. 97-21 § 1, 1997)
The City Engineer and/or City Clerk are appointed to administer
and implement this chapter by granting or denying development permits
in accordance with its provisions.
(Ord. 97-21 § 1, 1997)
The duties and responsibilities of the Floodplain Administrator
shall include, but not be limited to:
A.
Permit
Review. Review all development permits to determine that:
1.
The
permit requirements of this chapter have been satisfied,
2.
All
other required State and Federal permits have been obtained,
3.
The
site is reasonably safe from flooding, and
4.
The
proposed development does not adversely affect the carrying capacity
of areas where base flood elevations have been determined but a floodway
has not been designated. For purposes of this chapter, "adversely
affects" means that the cumulative effect of the proposed development
when combined with all other existing and anticipated development
will increase the water surface elevation of the base flood more than
one foot at any point;
B.
Use of Other Base Flood Data. When base flood elevation data has not been determined in accordance with Section 8.11.320:
1.
The
Floodplain Administrator may determine the base flood elevation (BFE)
from detailed profiles and hydraulic studies provided by FEMA or the
U.S. Army Corps of Engineers if such are available, or
2.
If
the BFE is not available and not defined by the Floodplain Administrator,
the owner, builder, developer or individual wishing to develop in
a designated floodplain shall obtain the services of a registered
civil engineer to determine and certify the base flood elevation,
3.
Any
such BFE information shall be submitted to the City Council for adoption;
C.
Whenever
a watercourse is to be altered or relocated:
1.
Notify
adjacent communities and the California Department of Water Resources
prior to such alteration or relocation of a watercourse, and submit
evidence of such notification to the Federal Insurance Administration,
2.
Require
that the flood carrying capacity of the altered or relocated portion
of such watercourse is maintained;
D.
Obtain
and maintain for public inspection and make available as needed:
1.
The certification required in Section 8.11.510(C)(1) (floor elevations),
2.
The certification required in Section 8.11.510(C)(2) (elevations in areas of shallow flooding),
3.
The certification required in Section 8.11.510(C)(3)(c) (elevation or floodproofing of nonresidential structures),
4.
The certification required in Section 8.11.510(C)(4) or (C)(4)(b) (wet floodproofing standard),
5.
The certified elevation required in Section 8.11.530(B) (subdivision standards),
6.
The certification required in Section 8.11.550(A) (floodway encroachments), and
7.
The reports required in Section 8.11.570(D) (mudflow standards);
E.
Make interpretations where needed, as to the exact location of the boundaries of the area of special flood hazards, areas of flood-related erosion hazards or areas of mudslide (i.e., mudflow) (for example, where there appears to be a conflict between a mapped boundary and actual field conditions). The person contesting the location of the boundary shall be given a reasonable opportunity to appeal the interpretation as provided in Article 6;
(Ord. 97-21 § 1, 1997)
Although the duties of the Floodplain Administrator are shared
by the City Clerk and City Engineer it shall be solely the responsibility
of the City Engineer to interpret, identify, and issue—verbally
or written— floodplain elevations. The work of reviewing and
interpreting engineering documents, studies, reports and elevations
is clearly a technical duty and is clearly an engineering function.
Any interpretation—verbal or in writing—by the City Clerk
of technical floodplain data is and shall be considered to be estimates
only and cannot be used for design and/or insurance purposes.
(Ord. 97-21 § 1, 1997)
