SEC. 18-12. INTERPRETATION.

   In the interpretation and application of this chapter, all provisions shall be:

   (A)   Considered as minimum requirements;

   (B)   Liberally construed in favor of the city; and

   (C)   Deemed neither to limit nor repeal any other powers granted under State statutes.

(`64 Code, Sec. 35-12) (Ord. No. 2426, 2640)

SEC. 18-13. WARNING AND DISCLAIMER OF LIABILITY.

   (A)   The degree of flood protection required by this chapter 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 manmade or natural causes. This chapter 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.

   (B)   This chapter shall not create liability on the part of the city, any officer or employee thereof, or the Federal Insurance Administration, for any flood damages that result from reliance on this chapter or any administrative decision lawfully made hereunder.

(`64 Code, Sec. 35-13) (Ord. No. 2426, 2640)

SEC. 18-14. SEVERABILITY.

   The chapter and the various parts thereof are hereby declared to be severable. Should any section of this chapter be declared by the courts to be unconstitutional or invalid, such decision shall not affect the validity of the chapter as a whole, or any portion thereof other than the section so declared to be unconstitutional or invalid.

(Ord. No. 2783)

ARTICLE II. ADMINISTRATION

SEC. 18-20. DESIGNATION OF THE FLOODPLAIN ADMINISTRATOR.

   The city engineer is hereby appointed as floodplain administrator to administer and implement this chapter by granting or denying development permit applications in accordance with its provisions.

(`64 Code, Sec. 35-15) (Ord. No. 2426, 2640)

SEC. 18-21. DUTIES AND RESPONSIBILITIES OF THE FLOODPLAIN ADMINISTRATOR.

   Duties of the floodplain administrator shall include, but not be limited to the following:

   (A)   Permit review -

      (1)   Review all development permits to determine that the permit requirements of this chapter have been satisfied, including determination of substantial improvement and substantial damage of existing structures;

      (2)   Determine that all other required State and federal permits have been obtained;

      (3)   Determine that the site is reasonably safe from flooding; and

      (4)   Determine that the proposed development does not adversely affect the carrying capacity of the 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 provided in accordance with section 18-9, 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 18-3.

   (C)   If no base flood elevation data is available from a federal or State agency or other source, the floodplain administrator shall obtain a base flood elevation using one of the following methods from the FEMA publication "Managing Floodplain Development in Approximately Zone A Areas - A Guide for Obtaining and Developing Base (100-year) Flood Elevations," dated July 1995:

      (1)   Simplified method:

         (a)   Obtain a 100-year or base flood discharge using the appropriate regression equation found in a U.S. Geological Survey publication, or the discharge-drainage area method; and

         (b)   Obtain a base flood elevation using the Quick-2 computer program developed by FEMA; or

      (2)   Detailed method:

         (a)   Obtain a 100-year or base flood discharge using the U.S. Army Corps of Engineers' HEC-HMS computer program; and

         (b)   Obtain a base flood elevation using the U.S. Army Corps of Engineers' HEC.RAS computer program.

   (D)   Notification of other agencies.

      (1)   In alteration or relocation of a watercourse, the floodplain administrator shall:

         (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)   Ensure that the flood carrying capacity within the altered or relocated portion of said watercourse is maintained.

      (2)   When base flood elevations change due to physical alterations, the floodplain administrator shall:

         (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 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.

         (c)   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)   The floodplain administrator shall 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)   The floodplain administrator shall obtain and maintain for public inspection and make available, as needed, the following:

      (1)   Certification required by section 18-35(C)(1) (lowest flood elevations);

      (2)   Certification required by section 18-35(C)(3) (elevation or flood proofing of nonresidential structures);

      (3)   Certification required by sections 18-35(C)(4) (wet flood proofing standard);

      (4)   Certification of elevation required by section 18-37 (subdivision standards);

      (5)   Certification required by section 18-38 (floodway encroachments);

      (6)   Information required by section 18-39(F) (coastal construction standards).

   (F)   The floodplain administrator shall 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 floodplain administrator shall use grade and base flood elevations to determine the boundaries of the special flood hazard area. The person contesting the location of the boundary shall be given a reasonable opportunity to appeal the interpretation as provided in section 18-26.

   (G)   The floodplain administrator shall take action to remedy violations of this chapter as specified in section 18-10.

(`64 Code, Sec. 35-16) (Ord. No. 2426, 2640, 2783, 2989)

ARTICLE III. PERMIT, APPEAL AND VARIANCE PROCEDURES

SEC. 18-25. ISSUANCE OF DEVELOPMENT PERMIT.

   (A)   A development permit shall be obtained before construction or development begins, including manufactured homes, within any area of special flood hazard (as defined in sections 18-2 and 18-9). Application for a development permit shall be made on forms furnished by the floodplain administrator and may include, but not be 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.

   (B)   The application shall specifically require the following information:

      (1)   Site plan, including, but not limited to:

         (a)   For all proposed structures, spot ground elevations at building corners and 20-foot or smaller intervals along the foundation footprint, or one foot contour elevations throughout the building site;

         (b)   Proposed locations of water supply, sanitary sewer, and utilities;

         (c)   If available, the base flood elevation from the effective Flood Insurance Study and/or Flood Insurance Rate Map; and

         (d)   If applicable, the location of the regulatory floodway.

      (2)   Foundation design detail, including but not limited to:

         (a)   Proposed elevation in relation to mean sea level, of the lowest floor (including basement) of all structures;

         (b)   For a crawl-space foundation, location and total net area of foundation openings as required in section 18-35 and FEMA Technical Bulletins 1-93 and 7-93; and

         (c)   For foundations placed on fill, the location and height of fill, and compaction requirements (compacted to 95% using the Standard Proctor Test method).

      (3)   Proposed elevation in relation to mean sea level to which any nonresidential structure will be flood proofed, as required in subsection 18-35(C)(2) and FEMA Technical Bulletin TB 3-93.

      (4)   All appropriate certifications listed in subsection 18-21(E); and

      (5)   Description of the extent to which any watercourse will be altered or relocated as a result of the proposed development.

(`64 Code, Sec. 35-17) (Ord. No. 2426, 2640, 2989)