Salinas Municipal Code Div. II Administration

A development permit shall be obtained before construction or development begins within any area of special flood hazard established in Section 9-06.08 Application for a development permit shall be made on forms furnished by the floodplain administrator, and may include, but are not 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) Site plan, including but not limited to:

(1) For all proposed structures, spot ground elevations at building corners and twenty-foot or smaller intervals along the foundation footprint, or one-foot contour elevations throughout the building site; and

(2) Proposed locations of water supply, sanitary sewer, and utilities; and

(3) If available, the base flood elevation from the flood insurance study and/or flood insurance rate map; and

(4) If applicable, the location of the regulatory floodway.

(b) Foundation design detail, including but not limited to:

(1) Proposed elevation, in relation to mean sea level, of the lowest floor (including basement) of all structures;

(2) For a crawl-space foundation, location and total net area of foundation openings as required in Section 9-06.34(c)(3) of this article and FEMA Technical Bulletin TB 1-93 and 7-93 or most recent updates; and

(3) For foundations placed on fill, the location and height of fill, and compaction requirements (compacted to ninety-five percent using the Standard Proctor Test method); and

(c) Proposed elevation in relation to mean sea level to which any nonresidential structure will be floodproofed, as required in Section 9-06.34(c)(2) of this article and FEMA Technical Bulletin TB 3-93 or most recent update; and

(d) All appropriate certifications listed in Section 9-06.19(d) of this article; and

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

(Ord. No. 2671(NCS), § 2, 9-12-2023)

The city engineer is hereby appointed to administer, implement, and enforce this article by granting or denying development permits in accord with its provisions, and shall be the floodplain administrator for the purpose of this article. The responsibilities hereunder may be delegated from time-to-time by the city engineer to one or more designees.

(Ord. No. 2671(NCS), § 2, 9-12-2023)

The floodplain administrator shall coordinate with and provide comments to the building official to administer and enforce the flood provisions of the building code and to ensure compliance with the applicable provisions of these regulations. The floodplain administrator and the building official have the authority to establish written procedures for reviewing applications and conducting inspections for buildings and for administering and documenting determinations of substantial improvement and substantial damage made pursuant to Section 9-06.20 of these regulations.

(Ord. No. 2671(NCS), § 2, 9-12-2023)

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 article have been satisfied and that all other required state and federal permits have been obtained;

(2) Ensure that the site is reasonably safe from flooding and to be designed and constructed with methods, practices and materials that minimize flood damage;

(3) Ensure 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 article, "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.

(4) Review, in coordination with the Building Official, required design certifications and documentation of elevations specified by the building code to determine that such certifications and documentations are complete.

(5) Review applications and plans for modification of any existing development in flood hazard areas for compliance with these regulations.

(6) Interpret flood hazard area boundaries and provide available flood elevation and flood hazard information.

(7) Determine whether additional flood hazard data shall be obtained from other sources or developed by the applicant.

(8) Coordinate with the Building Official and others to identify and investigate damaged buildings located in flood hazard areas and inform owners of the requirement to obtain permits for repairs.

(9) Prepare comments and recommendations for consideration when applicants seek variances for development other than buildings in accordance with Section 9-06.59 of these regulations

(10) Review all permit applications and plans to determine whether proposed development is located in flood hazard areas.

(11) Complete the appropriate section of the Department of Housing and Community Development Floodplain Ordinance Compliance Certification for Manufactured Home/Mobil home Installations when submitted by applicants.

(12) Review requests submitted to the Building Official seeking approval to modify the strict application of the flood load and flood resistant construction requirements of the building code, to determine whether such requests require consideration as a variance pursuant to Sections 9-06.55 through 9-06.59 of these regulations.

(13) Require applicants who propose alteration of a watercourse to notify adjacent communities and the NFIP State Coordinating Agency, and to submit copies of such notifications to the Federal Emergency Management Agency (FEMA).

(14) Inspect development in accordance with Section 9-06.51 of these regulations and inspect flood hazard areas to determine when development is undertaken without issuance of permits.

(b) Use of Other Base Flood Data.

(1) When base flood elevation data has not been provided in accordance with Section 9-06.08, 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 .9-06.34 Any such information shall be submitted to the city for adoption; or

(2) If no base flood elevation data is available from a federal or state agency or other source, then a base flood elevation shall be obtained using one of two methods from the FEMA publication "Managing Floodplain Development in Approximate Zone A Areas—A Guide for Obtaining and Developing Base (100-year) Flood Elevations" dated July 1995 in order to administer Section 9-06.34:

(A) Simplified Method.

(i) 100-year or base flood discharge shall be obtained using the appropriate regression equation found in a U.S. Geological Survey publication, or the discharge-drainage area method; and

(ii) Base flood elevation shall be obtained using the Quick-2 computer program developed by FEMA; or

(B) Detailed Method.

(i) 100-year or base flood discharge shall be obtained using the U.S. Army Corps of Engineers' HEC-HMS computer program; and

(ii) Base flood elevation shall be obtained using the U.S. Army Corps of Engineers' HEC-RAS computer program.

(c) Notification of Other Agencies. Whenever a watercourse is to be altered or relocated:

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

(2) Submit evidence of such notification to the Federal Insurance Administration, Federal Emergency Management Agency; and

(3) Require that the flood carrying capacity within the altered or relocated portion of such watercourse is maintained.

(d) Whenever a base flood elevation changes due to physical alterations:

(1) 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 (FIRMs) when the analyses indicate changes in base flood elevations, flood hazard area boundaries, or floodway designations; such submissions shall be made within six months of such data becoming available

(2) When additional hydrologic, hydraulic or other engineering data, studies, and additional analyses are submitted to support an application, the applicant has the right to seek a Letter of Map Change from FEMA to change the base flood elevations, change floodway boundaries, or change boundaries of flood hazard areas shown on FIRMs, and to submit such data to FEMA for such purposes. The analyses shall be prepared by a qualified CA Licensed Civil Engineer in a format required by FEMA. Submittal requirements and processing fees shall be the responsibility of the applicant. Provided FEMA issues a Conditional Letter of Map Revision (CLOMR), construction of proposed flood control projects and land preparation for development are permitted, including clearing, excavation, grading, and filling. Permits for construction of buildings shall not be issued until the applicant satisfies the FEMA requirements for issuance of a Letter of Map Revision (LOMR).

(3) In addition to applicable Federal, State and other local permits, a permit for floodplain development is required for construction of flood control projects. The purpose for the permit is to examine the impact on flood hazard areas, floodways, and base flood elevations shown on the FIRM. Unless otherwise authorized by separate regulations, issuance of this permit does not address the sufficiency of the structural elements of the proposed flood control project. Permits for floodplain development and building permits in areas affected by proposed flood control projects shall not be issued based on Conditional Letters of Map Revision issued by FEMA.

(4) Applications for permits for flood control projects shall include documentation including but not limited to:

(A) Site plan or document showing the existing topography and the boundaries of the flood hazard areas, floodway boundaries, and base flood elevations shown on the FIRM.

(B) Site plan or document showing the proposed topography and the proposed changes to the boundaries of the flood hazard areas, floodway boundaries, and base flood elevations.

(C) The documentation submitted to FEMA for a Conditional Letter of Map Revision (CLOMR). Submittal requirements and processing fees shall be the responsibility of the applicant. A CLOMR is required when a proposed flood control project alters a floodway and increases base flood elevations more than greater than 0.00 feet, or alters a watercourse a riverine flood hazard area for which base flood elevations are included in the Flood Insurance Study or on the FIRM and floodways have not been designated and increases base flood elevations more than 1.0 foot.

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.

(e) Whenever there are changes in corporate boundaries:

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

(1) Certification required by Section 9-06.34(c)(1) and 9-06.48(b) (lowest floor elevations);

(2) Certification required by Section 9-06.34(c)(2) (elevation or floodproofing of nonresidential structures);

(3) Certification required by Section 9-06.34(c)(3) (wet floodproofing standard);

(4) Certification of elevation required by Section 9-06.38(b) (subdivision standards);

(5) Certification required by Section 9-06.49(a) (floodway encroachments).

(g) Map Determinations. 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, grade and base flood elevations shall be used 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 9-06.55 et seq.

(h) Remedial Action. Take action to remedy violations of this article as specified in Section 9-06.09.

(Ord. No. 2671(NCS), § 2, 9-12-2023)

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 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.

(c) Determine and document whether 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.

(Ord. No. 2671(NCS), § 2, 9-12-2023)

In addition to the requirements of the building code and these regulations, and regardless of any limitation on the period required for retention of public records, the floodplain administrator shall maintain and permanently keep and make available for public inspection 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; required certifications and documentation specified by the building codes and these regulations; notifications to adjacent communities, FEMA, and the State related to alterations of watercourses; assurance that the flood carrying capacity of altered waterways will be maintained; documentation related to variances, including justification for issuance or denial; and records of enforcement actions taken pursuant to these regulations and the flood resistant provisions of the building codes.

(Ord. No. 2671(NCS), § 2, 9-12-2023)

The city council of the City of Salinas 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 article.

(Ord. No. 2671(NCS), § 2, 9-12-2023)