Modesto Municipal Code Art. 4 Administration

The Chief Building Official or designee is hereby appointed to administer, implement, and enforce this chapter by granting or denying development permits in accord with its provisions.

(Ord. 3430-C.S., § 1, effective 1-4-07)

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 as set forth in 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 (1) foot at any point within the City of Modesto;

(5) All Conditional Letters of Map Revision (CLOMR's) for projects within special flood hazard areas are approved prior to issuance of a grading permit. An approved CLOMR allows for construction activities and land preparation up to, but not after, "start of construction" as defined in Section 9-4.201(ay); and

(6) All Letters of Map Revision (LOMR's ) for projects within special flood hazard areas are approved prior to the issuance of building permits or "start of construction." Grading permits shall be issued based upon and consistent with Conditional Letters of Map Revision (CLOMR's). Prior to issuance of a building permit or "start of construction," "as-builts" showing final grades and elevations for the approved grading plan shall be submitted to the Floodplain Administrator for review and approval.

(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, including a definition for 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. Where FEMA has not provided the City with base flood elevation data in accordance with Section 9-4.302, 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 5 of this chapter.

Note: A base flood elevation may be obtained using one (1) of two (2) 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:

(i) Notify adjacent communities and the California Department of Water Resources prior to alteration or relocation;

(ii) Submit evidence of such notification to the Federal Emergency Management Agency; and

(iii) 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:

(i) Within six (6) months after issuance of a grading permit, prior to issuance of a building permit, or prior to the start of construction, whichever occurs first, the Floodplain Administrator shall submit or assure that the permit applicant submits technical or scientific data to FEMA as required for a Letter of Map Revision (LOMR).

(ii) All LOMR's are approved prior to the issuance of building permits. Building permits must not be issued based on Conditional Letters of Map Revision (CLOMR's). An approved CLOMR's allows for construction activities and land preparation up to, but not after the "start of construction" as defined in Section 9-4.201(ay).

Such submissions are necessary so that upon confirmation of those physical changes affecting flooding conditions, risk premium rates and floodplain management requirements will be based on current data.

(3) Changes in Corporate Boundaries. Notify FEMA in writing whenever the City's boundaries have been modified by annexation and include a copy of a map of the City clearly delineating the new City limits.

(e) Documentation of Floodplain Development. Obtain and maintain for public inspection and make available as needed the following:

(1) Certifications required by Sections 9-4.501(c)(1) and 9-4.504 (lowest floor elevations);

(2) Certifications required by Section 9-4.501(c)(2) (elevation or floodproofing of nonresidential structures);

(3) Certifications required by Section 9-4.501(c)(3) (wet floodproofing standard);

(4) Certifications of elevation required by Section 9-4.503(a)(3) (subdivisions and other proposed development standards);

(5) Certifications required by Section 9-4.506(b) (floodway encroachments); and

(6) Maintain a record of all variance actions, including justification for their issuance, and provide a report of any such variances issued in the City's 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 special flood hazard areas, where there appears to be a conflict between a mapped boundary and actual field conditions.

(g) Remedial Action. Take action, as appropriate, to remedy violations of this chapter.

(h) Biennial Report. Complete and submit biennial report to FEMA in accordance with 44 CFR 59.22(b)(2).

(i) Planning. Work with City's Planning Division to assure that the City's General Plan is consistent with floodplain management objectives herein.

(Ord. 3430-C.S., § 1, effective 1-4-07)

(Ord. No. 3730-C.S., § 2, effective 8-12-21)

A building permit shall be obtained before any construction or other development, including manufactured homes, begins within any special flood hazard areas. Application for a building permit shall be made on forms furnished by the Chief Building Official. The application requirements shall include but not be limited to the following information:

(a) Plans in duplicate, drawn to scale, showing:

(1) The nature, location, dimensions, and elevations 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;

(5) Base flood elevation information as specified in Section 9-4.302 or 9-4.402(c);

(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 floodproofed, as required in Section 9-4.501(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 9-4.501(c)(2).

(c) For a crawl-space foundation, location and total net area of foundation openings as required in Section 9-4.501(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 9-4.402(e).

(Ord. 3430-C.S., § 1, effective 1-4-07)

Any person alleging there is an error in any requirement, decision or determination made by the Floodplain Administrator involving the enforcement, administration or application of this chapter may appeal the decision to the City Council in accordance with Modesto Municipal Code Section 1-4.01 et seq.

(Ord. 3430-C.S., § 1, effective 1-4-07)