The purpose of this chapter is to comply with provisions of
state law that require the City to make specific findings prior to
approving certain projects located within a flood hazard zone.
(Ord. 2016-05-24-1605 § VI)
A.
The applicable review authority shall not approve the execution of a development agreement, a tentative map or a parcel map for which a tentative map is not required or a discretionary permit or other discretionary entitlement under this chapter that would result in the construction of a new building or construction that would result in an increase in allowed occupancy for an existing building, or issuance of a ministerial permit under Title 15 that would result in the construction of a new residence for property that is located within a flood hazard zone unless the review authority finds, based on substantial evidence in the record, one of the following:
1.
The
facilities of the State Plan of Flood Control or other flood management
facilities protect the property to the urban level of flood protection
in urban and urbanizing areas or the national Federal Emergency Management
Agency standard of flood protection in non-urbanized areas;
2.
The
City has imposed conditions on a development agreement, map, permit,
or entitlement that will protect the property to the urban level of
flood protection in urban and urbanizing areas or the national Federal
Emergency Management Agency standard of flood protection in non-urbanized
areas;
3.
The
local flood management agency has made adequate progress (as defined
in California Government Code Section 65007) on the construction of
a flood protection system that will result in flood protection equal
to or greater than the urban level of flood protection in urban or
urbanizing areas or the national Federal Emergency Management Agency
standard of flood protection in non-urbanized areas for property located
within a flood hazard zone, intended to be protected by the system;
4.
The
property in an undetermined risk area has met the urban level of flood
protection;
5.
The
property is located in an area of potential flooding of three feet
or less from a storm event that has a 1-in-200 chance of occurring
in any given year, from sources other than local drainage, in urban
and urbanizing areas; or
6.
The
property is located within a watershed with a contributing area of
10 or fewer square miles in urban and urbanizing areas.
B.
The
review authority's decisions shall be in accordance with criteria
prepared by the Director that are consistent with accepted state and
federal floodplain management practices.
(Ord. 2016-05-24-1605 § VI)
