Pacifica Municipal Code Art. 4 Administration

The Planning Director is hereby appointed to, and has ultimate authority over, the administration, implementation, and enforcement of this chapter by granting or denying floodplain development permits in accord with its provisions. The Floodplain Administrator may delegate any of his or her responsibilities under this chapter, as well as primary responsibility to administer, implement, or enforce any provisions of this chapter, to appropriate City staff, including, without limitation, the Building Official and/or Engineering Division.

(§ 2(Exh. A), Ord. 822-C.S., eff. October 11, 2017)

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

(a) Permit review.

(1) Review all floodplain development permits to determine whether:

(i) Permit requirements of this chapter have been satisfied, including determination of substantial improvement and substantial damage of existing structures;

(ii) All other required state and federal permits have been obtained;

(iii) The site is reasonably safe from flooding;

(iv) 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. 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 (1) foot at any point within the City of Pacifica; and

(v) The Floodplain Administrator shall confirm with the City Engineer that all Letters of Map Revision ("LOMR") 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 ("CLOMRs"). Approved CLOMRs allow construction of the proposed flood control project and land preparation as specified in the "start of construction" definition.

(b) Development of substantial improvement and substantial damage procedures.

(1) Using FEMA publication FEMA 213, "Answers to Questions About Substantially Damaged Buildings," develop procedures for identifying and administering requirements for substantial improvement and substantial damage, to include defining "Market Value."

(2) Assure procedures are coordinated with other departments/divisions and implemented by City staff.

(c) Review, use, and development of other base flood data.

(1) When base flood elevation data has not been provided in accordance with Section 7-5.302 of this chapter, the City Engineer 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. Any such information shall be submitted to the Council for adoption.

(2) NOTE: The City Engineer shall obtain a base flood elevation using one 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) Whenever a watercourse is to be altered or relocated:

(i) Notify adjacent communities and the California Department of Water Resources prior to such 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 of information becoming available or project completion, whichever comes first, the City Engineer shall submit or assure that the permit applicant submits technical or scientific data to FEMA for a LOMR.

(ii) The Floodplain Administrator shall verify with the City Engineer that all LOMRs for flood control projects are approved prior to the issuance of building permits. Building permits must not be issued based on CLOMR. Approved CLOMRs allow construction of the proposed flood control project and land preparation as specified in the "start of construction" definition.

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) Changes in City limits:

(i) Notify FEMA in writing whenever the City limits have been modified by annexation, de-annexation or other means 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) Certification required by subsection (1) of subsection (c) of Section 7-5.501 of Article 5 of this chapter (lowest floor elevations);

(2) Certification required by subsection (iii) of subsection (2) of subsection (c) of Section 7-5.501 of Article 5 of this chapter (elevation or floodproofing of nonresidential structures);

(3) Certification required by subsection (i) or (ii) of subsection (3) of subsection (c) of Section 7-5.501 of Article 5 of this chapter (wet floodproofing standard);

(4) Certification of elevation required by subsection (3) of subsection (a) of Section 7-5.503 of Article 5 of this chapter (subdivisions and other proposed development standards);

(5) Certification required by subsection (a) of Section 7-5.506 of Article 5 of this chapter (floodway encroachments);

(6) Information required by subsection (f) of Section 7-5.507 of Article 5 of this chapter (coastal construction standards); and

(7) Maintain a record of all variance actions, including justification for their issuance, and report such variances issued in its biennial report submitted to FEMA.

(f) Map determination. The City Engineer shall make interpretations where needed, as to the exact location of the boundaries of the special flood hazard areas (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 of this chapter.

(g) Remedial action. Take action to remedy violations of this chapter as specified in Section 7-5.303 of Article 3 of this chapter.

(h) Biennial report. Complete and submit a biennial report to FEMA.

(i) Planning. Assure the City of Pacifica's General Plan is consistent with floodplain management objectives herein.

(§ 2(Exh. A), Ord. 822-C.S., eff. October 11, 2017)

A floodplain development permit shall be obtained concurrently with a building permit and before any construction or other development, including manufactured homes, within any special flood hazard area established in Section 7-5.302. Application for a floodplain development permit shall be made on forms furnished by the City of Pacifica. The applicant shall provide the following minimum information:

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

(1) Location, dimensions, and elevation 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 7-5.302 or Section 7-5.402(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 7-5.501(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 7-5.501(c)(2).

(c) For a crawl-space foundation, location and total net area of foundation openings as required in Section 7-5.501(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 7-5.402(e) of this chapter.

(§ 2(Exh. A), Ord. 822-C.S., eff. October 11, 2017)