Ontario Municipal Code Art. 4 Administration

A development permit shall be obtained before construction or development begins within any area of special flood hazards, areas of flood-related erosion hazards or areas of mudslide (i.e. mudflow) established in § 8-13.302. 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. Specifically, the following information is required:

(a) Proposed elevation, in relation to the mean sea level, of the lowest habitable floor (including the basement) of all structures; in Zone AO, elevation of highest adjacent grade and proposed elevation of lowest floor of all structures;

(b) Proposed elevation, in relation to mean sea level, to which any structure will be floodproofed;

(c) All appropriate certifications listed in § 8-13.403(d) of this chapter; and

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

(§ 1, Ord. 2409, eff. February 4, 1988)

The Development Director is hereby appointed to administer and implement this chapter by granting or denying development permits in accordance with its provisions.

(§ 1, Ord. 2409, eff. February 4, 1988)

The duties and responsibilities of the Floodplain Administrator shall include, but not be limited to:

(a) Permit review.

(1) Review all development permits to determine that the permit requirements of this chapter have been satisfied;

(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 the floodway. 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 not increase the water surface elevation of the base flood more than one foot at any point;

(5) Require applicants who submit hydrologic and hydraulic engineering analyses to support permit applications to submit to FEMA the data and information necessary to maintain the Flood Insurance Rate Maps when the analyses indicate changes in base flood elevations, flood hazard area boundaries, or floodway designations; such submissions shall be made within six (6) months of such data becoming available.

(b) Use of other base flood data, when base flood elevation data has not been provided in accordance with § 8-13.302, the Floodplain Administrator shall obtain, review, and reasonably utilize any base flood elevation and floodway data available from a federal, state, or other source in order to administer Article 5. Any such information shall be submitted to the City Council for adoption.

(c) Whenever a watercourse is to be altered or relocated:

(1) Notify adjacent communities and the California Department of Water Resources prior to such alteration or relocation of a watercourse, and submit evidence of such notification to the Federal Insurance Administration;

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

(d) Obtain and maintain for public inspection and make available as needed:

(1) The certification required in § 8-13.501 (c)(1) (floor elevations);

(2) The certification required by § 8-13.501 (c)(2) (elevations in areas of shallow flooding);

(3) The certification required in § 8-13.501 (c)(3)(iii) (elevation or floodproofing of non- residential structures);

(4) The certification required in § 8-13.501 (c)(4)(i) or (ii) (wet floodproofing standards);

(5) The certified elevation required in § 8-13.503(b) (subdivision standards);

(6) The certification required in § 8-13.505(a) (floodway encroachments); and

(7) The reports required in § 8-13.506(d) (mudflow standards).

(e) Make interpretations where needed, as to the exact location of the boundaries of the areas of special flood hazards, areas of flood related erosion hazards or areas of mudslide (i.e., mudflow) (for example, 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 Article 6.

(f) Substantial improvement and substantial damage determinations. For applications for building permits to improve buildings and structures, including alterations, movement, enlargement, replacement, repair, additions, rehabilitations, renovations, substantial improvements, repairs of substantial damage, and any other improvement of or work on such buildings and structures, the Building Official, in coordination with the Floodplain Administrator, shall:

(1) Require the applicant to obtain an appraisal of the market value prepared by a qualified independent appraiser, of the building or structure before the start of construction of the proposed work to the satisfaction of the Building Official; in the case of repair, the market value of the building or structure shall be the market value before the damage occurred and before any repairs are made.

(2) Compare the cost to perform the improvement, the cost to repair the damaged building to its pre-damaged condition, or the combined costs of improvements and repairs, when applicable, to the market value of the building or structure.

(3) Determine and document whether the proposed work constitutes substantial improvement or repair of substantial damage.

(4) Notify the applicant when it is determined that the work constitutes substantial improvement or repair of substantial damage and that compliance with the flood resistant construction requirements of the building code is required and notify the applicant when it is determined that work does not constitute substantial improvement or repair of substantial damage.

(g) Take action to remedy violations of this chapter as specified in § 8-13.303 of this chapter.

(§ 1, Ord. 2409, eff. February 4, 1988, §§ 3, 4, Ord. 3271, eff. April 4, 2024)