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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
(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;
(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)
(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)
(A) The variance criteria set forth in this section are based on the general principle of zoning laws that variances pertain to a piece of property and are not personal in nature. A variance may be granted for a parcel of property with physical characteristics so unusual that complying with the requirements of this chapter would create an exceptional hardship to the property owner or surrounding property owners. The characteristics must be unique to the property and not be shared by adjacent parcels. The unique characteristics must pertain to the land itself, not to the structure, its inhabitants or the property owners.
(B) It is the duty of the city to help protect its citizens from flooding. This need is so compelling and the implications of the cost of insuring a structure built below flood level are so serious that variances from the flood elevation or from other requirements in the flood ordinance are quite rare. The long-term goal of preventing and reducing flood loss and damage can be met only if variances are strictly limited. Therefore, the variance guidelines provided in this chapter are detailed and contain multiple provisions that must be met before a variance can be properly granted. The guidelines are designed to identify situations in which alternatives other than a variance are more appropriate.
(C) Generally, variances may be issued for new construction, substantial improvement, and other proposed new developments to be erected on a lot of one-half acre or less in size contiguous to and surrounded by lots with existing structures constructed below the base flood level, providing that the procedures of Articles 2 and 4 of this chapter have been fully considered. As the lot size increases beyond one-half acre, the technical justification required for issuing the variance increases.
(D) Variances may be issued for the repair or rehabilitation of "historic structures" upon a determination that the proposed repair or rehabilitation will not preclude the structure's continued designation as a historic structure and the variance is the minimum necessary to preserve the historic character and design of the structure.
(E) Variances shall not be issued within any mapped regulatory floodway if any increase in flood levels during the base flood discharge would result.
(F) Variances shall only be issued upon a determination that the variance is the "minimum necessary" considering the flood hazard, to afford relief. "Minimum necessary" means to afford relief with a minimum of deviation from the requirements of this chapter. For example, in the case of variances from an elevation requirement, the city council need not grant permission for the applicant to build at grade, or even to whatever elevation the applicant proposes, but only to that elevation which the city council finds will both provide relief and preserve the integrity of this chapter.
(G) Variances shall be issued only upon a:
(1) Showing of good and sufficient cause;
(2) Determination that failure to grant the variance would result in exceptional hardship (as defined in section 18-2 of this chapter) to the applicant; and
(3) Determination that the granting of a variance will not result in increased flood heights, additional threats to public safety, extraordinary public expense, create a nuisance (as defined in section 18-2 of this chapter), cause fraud or victimization (as defined in section 18-2 of this chapter) of the public, or conflict with other city ordinances.
(H) Variances may be issued for new construction, substantial improvement, and other proposed new development necessary for the conduct of a functionally dependent use provided that the provisions of subsections 18-27(C) through 18-27(H) are satisfied, that the structure or other development is protected by methods that minimize flood damages during the base flood, and that the variance does not result in additional threats to public safety or create a public nuisance.
(`64 Code, Sec. 35-20) (Ord. No. 2426, 2640)
ARTICLE IV. PROVISIONS FOR FLOOD HAZARD REDUCTION
In all areas of special flood hazards, the following standards apply:
(A) Anchoring -
(1) All new construction and substantial improvements shall be adequately anchored to prevent flotation, collapse or lateral movement of the structure resulting from hydrodynamic or hydrostatic loads, including the effects of buoyancy.
(2) All manufactured homes shall meet the anchoring standards of this chapter.
(B) Construction materials and methods -
(1) All new construction and substantial improvements shall be constructed with flood resistant materials as specified in FEMA Technical Bulletin TB 2-93 and utility equipment resistant to flood damage.
(2) All new construction and substantial improvements shall be constructed using methods and practices that minimize flood damage.
(3) With electrical, heating, ventilation, plumbing and air conditioning equipment and other service facilities that are designed and/or located so as to prevent water from entering or accumulating within the components during conditions of flooding; and
(4) Within Zone AH or AO, so that there are adequate drainage paths around structures on slopes to guide flood waters around and away from proposed structures.
(C) Elevation and flood proofing. (See section 18-2 definitions for "basement," "lowest floor," "new construction," "substantial damage," and "substantial improvement.")
(1) The lowest floor, including basement, of a residential construction, new or substantial improvement, shall:
(a) In a Zone AO, be elevated above the highest adjacent grade to a height equal to or exceeding the depth number specified in feet on the FIRM, or elevated at least two feet above the highest adjacent grade if no depth number is specified. In Zone AO without velocity, the lowest floor shall be elevated above the highest adjacent grade to a height exceeding the depth number specified in feet on the FIRM by at least two feet, or elevated at least four feet above the highest adjacent grade if no depth number is specified.
(b) In a Zone A, be elevated at least two feet above the base flood elevation. Said base flood elevation shall be determined by one of the methods in section 18-21(B).
(c) In all other zones, be elevated at least two feet above the base flood elevation. Upon the completion of the structure, the elevation of the lowest floor including basement shall be certified by a registered professional engineer or surveyor, and verified by a city building inspector to be properly elevated. Such certification and verification shall be filed with the floodplain administrator.
(2) Nonresidential construction, new or substantial improvement, shall either be elevated to conform with subsection 18-35(C)(1) or, together with attendant utility and sanitary facilities:
(a) Be flood proofed below the elevation recommended under section 18-35(C)(1) so that the structure is watertight with walls substantially impermeable to the passage of water;
(b) Have structural components capable of resisting hydrostatic and hydrodynamic loads and effects of buoyancy; and
(c) Be certified by a registered professional engineer or architect that the standards of this subsection 18-35(C)(2) are satisfied. Such certification shall be filed with the floodplain administrator.
(3) All new construction and substantial improvement with fully enclosed areas below the lowest floor (excluding basements) that are usable solely for parking of vehicles, building access or storage, and which are subject to flooding, shall be designed to automatically equalize hydrostatic flood forces on exterior walls by allowing for the entry and exit of floodwater. Designs for meeting this requirement shall follow the guidelines in FEMA Technical Bulletins TB 1-93 and TB 7-93, and must exceed the following minimum criteria:
(a) Have a minimum of two openings having a total net area of not less than one square inch for every square foot of enclosed area subject to flooding. The bottom of all openings shall be no higher than one foot above grade. Openings may be equipped with screens, louvers, valves or other coverings or devices provided that they permit the automatic entry and exit of floodwater; or
(b) Be certified by a registered professional engineer or architect.
(4) Manufactured homes shall also meet the standards in this section.
(`64 Code, Sec. 35-21) (Ord. No. 2426, 2640)
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