Chapter 17.16 — ADMINISTRATION

A development permit shall be obtained before construction or development begins within any area of special flood hazard. 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 mean sea level, of the lowest floor (including basement) 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 Section 17.16.030(F);

• D. Description of the extent to which any watercourse will be altered or relocated as a result of proposed development; and

• E. Prior to the issuance of any development permit for a covered project, the applicant shall pay the city a fee, established by resolution of the city council, to compensate the city for staffing expenses incurred in administering this permit.

• (Ord. 419 § 4.1, 1987; Ord. 715 (part), 2010; Ord. 853, 2021)

The city manager of the city of Patterson is hereby appointed to administer and implement this title by granting or denying development permits in accordance with its provisions. Duties and responsibilities can be administered and carried out by city staff.

(Ord. 419 § 4.2, 1987; Ord. 715 (part), 2010; Ord. 853, 2021)

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 title 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 floodplain. For purposes of this title, "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

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City of Patterson, CA § 17.16.030

PATTERSON CODE

§ 17.16.030

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 17.04.060, 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 Chapter 17.12. 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 the watercourse is maintained.

• D. Base Flood Elevation Changes Due to Physical Alterations.

  1. 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).

  2. All LOMRs 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 (C-LOMR). Approved C-LOMRs 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 requirements are based on current data.

• E. Changes in Corporate Boundaries. 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.

• F. Obtain, maintain and permanently keep for public inspection and make available as needed:

All records that are necessary for the administration of these regulations and the flood provisions of the building codes, including flood insurance studies and flood insurance rate maps; documents from FEMA that amend or revise FIRMs; records of issuance of permits and denial of permits; determinations of whether proposed work constitutes substantial improvement or repair of substantial damage; notifications to adjacent communities, FEMA, and the state related to alterations of watercourses; assurance that the floodcarrying capacity of altered waterways will be maintained; documentation related to variances, including justification for issuance or denial; records of enforcement actions taken pursuant to these regulations and the flood-resistant provisions of the building codes; and the following required certifications and documentation specified by the building codes and these regulations:

1. The certification required in Section 17.12.010(C)(1) (floor elevations);

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City of Patterson, CA

FLOOD HAZARD AREAS

§ 17.16.030

§ 17.16.030

2. The certification required in Section 17.12.010(C)(2) (elevations in areas of shallow flooding);

3. The certification required in Section 17.12.010(C)(3) (elevation or floodproofing of nonresidential structures);

4. The certification required in Section 17.12.010(C)(4)(a), (b) and (c) (wet floodproofing standard);

5. The certified elevation required in Section 17.12.030(A) (subdivision standards);

6. The certification required in Section 17.12.060(B) (floodway encroachments).

• G. Make interpretations where needed, as to the exact location of the boundaries of the areas of special flood hazard (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 Section 17.16.040.

• H. Take action to remedy violations of this title as specified in Section 17.04.070.

• I. 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, to include defining "market value."

  2. 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 floodplain administrator, in coordination with the building official, shall:

• a. Estimate the market value or 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; 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.

  • b. Compare the cost to perform the improvement, the cost to repair the damage 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.

  • c. Determine and document that the proposed work constitutes substantial improvement or repair of substantial damage.

  • d. 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.

  3. Assure procedures are coordinated with other departments/divisions and implemented

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City of Patterson, CA

PATTERSON CODE

§ 17.16.030

§ 17.16.040

by community staff.

(Ord. 419 § 4.3, 1987; Ord. 715 (part), 2010; Ord. 853, 2021)

• A. The city council shall hear and decide appeals and requests for variances from the requirements of this title.

• B. The city council shall hear and decide appeals when it is alleged there is an error in any requirement, decision, or determination made by the floodplain administrator in the enforcement or administration of this title.

• C. In passing upon such applications, the city council shall consider all technical evaluations, all relevant factors, standards specified in other sections of this title, and:

  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 the individual owner;

  4. The importance of the services provided by the proposed facility to the community;

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

  6. The availability of alternative locations for the proposed use which 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 floodwaters 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 system, and streets and bridges.

• D. Generally, variances may be issued for new construction and substantial improvements 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 subsections (C)(1) through (C)(11) of this section have been fully considered. As the lot size increases beyond one-half acre, the technical justification required for issuing the variance increases.

• E. Upon consideration of the factors of subsection C of this section and the purposes of this title, the city council may attach such conditions to the granting of variances as it deems necessary to further the purposes of this title.

• F. The floodplain administrator shall maintain the records of all appeal actions and report any

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City of Patterson, CA

FLOOD HAZARD AREAS

§ 17.16.040

§ 17.16.050

variances to the Federal Insurance Administration upon request. (Ord. 419 § 6.1, 1987; Ord. 715 (part), 2010; Ord. 853, 2021)

• A. A variance is authorized to be issued for the repair, improvement or rehabilitation of a historic structure upon a determination that the proposed repair, improvement 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. When the proposed work precludes the structure's continued designation as a historic building, a variance shall not be granted and the structure and any repair, improvement or rehabilitation shall be subject to the requirements of the building code.

• B. Variances shall not be issued within any designated floodway if any increase in flood levels during the base flood discharge would result.

• C. Variances shall only be issued upon a determination that the variance is the minimum necessary, considering the flood hazard, to afford relief.

• D. Variances shall only be issued upon:

  1. Showing a good and sufficient cause;

  2. A determination that failure to grant the variance would result in exceptional hardship to the applicant due to the physical characteristics of the land that render the lot undevelopable; and

  3. A determination that the granting of a variance will not result in increased flood heights, additional threats to public safety, extraordinary public expense, create nuisances, cause fraud on or victimization of the public, or conflict with existing local laws or ordinances.

• E. Variances may be issued for new construction and substantial improvements and for other development necessary for the conduct of a functionally dependent use; provided, that the provisions of subsections A through D of this section are satisfied and that the structure or other development is protected by methods that minimize flood damages during the base flood and create no additional threats to public safety.

• F. Any applicant to whom a variance is granted shall be given written notice that the structure will be permitted to be built with a lowest floor elevation below the regulatory flood elevation and that the cost of flood insurance will result in increased premium rates up to amounts as high as twenty-five dollars for one hundred dollars of insurance coverage, and such construction poses a risk to life and property. A copy of the notice shall be recorded by the floodplain board in the office of the Stanislaus County recorder and shall be recorded in a manner so that it appears in that chain of title of the affected parcel of land.

• (Ord. 419 § 6.2, 1987; Ord. 715 (part), 2010; Ord. 853, 2021)

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City of Patterson, CA