The Director of Public Works is hereby appointed to administer,
implement and enforce this chapter by granting or denying development
permits in accord with its provisions.
(Prior code § 152.20)
The duties and responsibilities of the Floodplain Administrator
shall include, but not be limited to, the following:
A. Permit
Review. Review all development permits to determine:
1. Permit
requirements of this chapter have been satisfied, including determination
of substantial improvement and substantial damage of existing structures;
2. All
other required State and Federal permits have been obtained;
3. The
site is reasonably safe from flooding;
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. 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 one foot at any point within the City
of Desert Hot Springs; and
5. All
letters of map revision (LOMRs) for flood control projects are approved
prior to the issuance of certificate(s) of occupancy building permits.
Certificate(s) of occupancy building permits must not be issued based
on conditional letters of map revision (CLOMRs). Approved CLOMRs allow
construction of the proposed flood control project and land preparation
as specified in the “start of construction” definition.
B. Development
of Substantial Improvement and Substantial Damage Procedures.
1. 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.”
2. Assure
procedures are coordinated with other departments/divisions and implemented
by community staff.
C. Review, Use and Development of Other Base Flood Data. When base flood elevation data has not been provided in accordance with Section
15.68.070, 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 Article III.
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.
D. Notification
of Other Agencies.
1. Alteration
or relocation of a watercourse:
a. Notify adjacent communities and the California Department of Water
Resources prior to alteration or relocation;
b. Submit evidence of such notification to the Federal Emergency Management
Agency; and
c. Assure that the flood-carrying capacity within the altered or relocated
portion of said watercourse is maintained.
2. Base
flood elevation changes due to physical alterations:
a. Within six 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).
b. All LOMRs for flood control projects are approved prior to the issuance
of certificate of occupancy building permits. Certificate(s) of occupancy
building permits must not be issued based on conditional letters of
map revision (CLOMRs). Approved CLOMRs 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.
3. 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.
E. Documentation
of Floodplain Development. Obtain and maintain for public inspection
and make available as needed the following:
2. Certification required by Section
15.68.160(C)(2) (elevation or floodproofing of nonresidential structures);
4. Certification of elevation required by Section
15.68.180(A)(3) (subdivisions and other proposed development standards);
5. Certification required by Section
15.68.210(B) (floodway encroachments); and
6. 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.
F. 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
15.68.150.
G. Remedial Action. Take action to remedy violations of this chapter as specified in Section
15.68.080.
H. Biennial
Report. Complete and submit Biennial Report to FEMA.
I. Planning.
Assure community’s general plan is consistent with floodplain
management objectives herein.
J. Non-conversion
of Enclosed Areas Below the Lowest Floor. To ensure that the areas
below the BFE shall be used solely for parking vehicles, limited storage,
or access to the building and not be finished for use as human habitation
without first becoming fully compliant with the floodplain management
ordinance in effect at the time of conversion, the Floodplain Administrator
shall:
1. Determine
which applicants for new construction and/or substantial improvements
have fully enclosed areas below the lowest floor that are five feet
or higher;
2. Enter
into a “Non-conversion agreement for construction within flood
hazard areas” or equivalent with the City of Desert Hot Springs.
The agreement shall be recorded with the Riverside County Recorder
as a deed restriction. The non-conversion agreement shall be in a
form acceptable to the Floodplain Administrator and County Counsel;
and
3. Have
the authority to inspect any area of a structure below the base flood
elevation to ensure compliance upon prior notice of at least 72 hours.
(Prior code § 152.21; Ord. 768 12-6-22)
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
15.68.070. Application for a development permit shall be made on forms furnished by the City of Desert Hot Springs. The applicant shall provide the following minimum information:
A. Plans
in duplicate, drawn to scale, showing:
1. Location,
dimensions and elevation of the area in question, existing or proposed
structures, storage of materials and equipment and their location;
2. Proposed
locations of water supply, sanitary sewer and other utilities;
3. Grading
information showing existing and proposed contours, any proposed fill
and drainage facilities;
4. Location
of the regulatory floodway when applicable;
6. Proposed
elevation in relation to mean sea level, of the lowest floor (including
basement) of all structures; and
7. Proposed elevation in relation to mean sea level to which any nonresidential structure will be flood-proofed, as required in Section
15.68.160(C)(2) of this chapter and detailed in FEMA Technical Bulletin TB 3-93.
B. Certification from a registered civil engineer or architect that the nonresidential floodproofed building meets the floodproofing criteria in Section
15.68.160(C)(2).
C. For a crawl-space foundation, location and total net area of foundation openings as required in Section
15.68.160(C)(3) of this chapter and detailed in FEMA Technical Bulletins 1-93 and 7-93.
D. Description
of the extent to which any watercourse will be altered or relocated
as a result of proposed development.
E. All appropriate certifications listed in Section
15.68.130(E) of this chapter.
(Prior code § 152.22)
The City Council of the City of Desert Hot Springs 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 chapter.
(Prior code § 152.23)