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)

SEC. 18-26. APPEAL BOARD.

   (A)   The city council is designated as the appeal board and shall hear and decide appeals and requests for variances from the requirements of this chapter.

   (B)   The city council shall hear and decide appeals when the applicant alleges that the floodplain administrator made an error in any requirement, decision, or determination in the enforcement or administration of this chapter.

   (C)   In deciding such appeals, the city council shall consider all technical evaluations and relevant factors, and standards specified in other sections of this chapter, including the following factors:

      (1)   The danger that materials may be swept onto other lands to the injury of others;

      (2)   The danger to life and property due to flooding or erosion damage;

      (3)   The susceptibility of the proposed facility and its contents to flood damage and the effect of such damage on current and future owners of the property;

      (4)   The importance of the services provided by the proposed facility to the city;

      (5)   The necessity to the facility of a waterfront location, where applicable;

      (6)   The availability of alternative locations for the proposed use that are not subject to flooding or erosion damage;

      (7)   The compatibility of the proposed use with existing and anticipated development;

      (8)   The relationship of the proposed use to the comprehensive plan and floodplain management program for that area;

      (9)   The safety of access to the property in time of flood for ordinary and emergency vehicles;

      (10)   The expected heights, velocity, duration, rate of rise, and sediment transport of the flood waters expected at the site; and

      (11)   The costs of providing governmental services during and after flood conditions, including maintenance and repair of public utilities and facilities such as sewer, gas, electrical, and water systems, and streets and bridges.

   (D)   Upon consideration of the factors of subsection (C) above and the purposes of this chapter, the city council may attach such conditions to appeals and variances granted.

   (E)   Any applicant to whom a variance is granted shall be given written notice signed by the floodplain administrator that:

      (1)   The issuance of a variance to construct a structure below the base flood level will result in increased premium rates for flood insurance up to amounts as high as $25 for $100 of insurance coverage; and

      (2)   Such construction below the base flood level increases risks to life and property.

   (F)   The floodplain administrator shall record a copy of the notice in the Office of Ventura County Recorder in such manner that the notice appears in the chain of the title of the affected parcel of land.

   (G)   The floodplain administrator shall maintain a record of all variance decisions, including the justification for their issuance, and report variances granted in the biennial report submitted to the Federal Insurance Administration, Federal Emergency Management Agency.

(`64 Code, Sec. 35-19) (Ord. No. 2426, 2640)