Part 4 — GENERAL PROVISIONS AND ADMINISTRATION

Nothing in this chapter shall be construed to relieve any persons of requirements imposed by other sections of this code, except that the provisions of this chapter relating to measures designed to reduce flood losses shall take precedence over any other provisions of this code which are in conflict.

(Ord. 28512.)

The areas of special flood hazard identified by the Federal Emergency Management Agency (FEMA) in the "Flood Insurance Study (FIS) for City of San José" dated August 2, 1982 with accompanying flood insurance rate maps (FIRMs) and flood boundary and floodway maps (FBFMs), dated August 2, 1982, and all subsequent amendments and/or revisions, including any digital forms, are hereby adopted by reference and declared to be a part of this chapter. This FIS and attendant mapping is the minimum area of applicability of this chapter and may be supplemented by studies for other areas which allow implementation of this chapter and which are adopted by the city council for this purpose. The study, FIRMs and FBFMs are on file at the department of public works.

(Ord. 28512.)

No structure or land shall hereafter be constructed, located, extended, converted, or altered without full compliance with the terms of this chapter and other applicable regulations. Violation of the requirements (including violations of conditions and safeguards) shall constitute a misdemeanor. Nothing herein shall prevent the city council from taking such lawful action as is necessary to prevent or remedy any violation.

(Ord. 28512.)

This chapter is not intended to repeal, abrogate, or impair any existing easements, covenants, or deed restrictions. However, in the event that any provision of this chapter conflicts with another provision in this code, any other law, or any easement, covenant, or deed restriction, the more restrictive provision for the purpose of flood protection shall apply.

(Ord. 28512.)

The degree of flood protection required by this chapter is considered reasonable for regulatory purposes and is based on scientific and engineering considerations. Larger floods can and will occur on rare occasions. Flood heights may be increased by man made or natural causes. This chapter does not imply that land outside the areas of special flood hazards or uses permitted within such areas will be free from flooding or flood damages. This chapter shall not create liability on the part of the city of San José, any officer or employee thereof, the state of California, or the Federal Emergency Management Agency, for any flood damages that result from reliance on this chapter or any administrative decision lawfully made hereunder.

(Ord. 28512.)

The deputy director of public works (and his or her designee) is hereby appointed to administer, implement and enforce this chapter by granting or denying development permits in accord with its provisions.

(Ord. 28512.)

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 whether:

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

All other required state and federal permits have been obtained;

The site is reasonably safe from flooding; and

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 foot at any point within the city of San José.

B.

Development of substantial improvement and substantial damage procedures.

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;" and

Assure procedures are coordinated with other departments/divisions and implemented by department of public works staff.

C.

Review, use and development of other base flood data. When base flood elevation data has not been provided in accordance with Section 17.08.510, 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 Part 5. A base flood elevation may be obtained using one of two

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, latest version.

D.

Notification of other agencies.

Alteration or relocation of a watercourse:

a.

Notify adjacent communities and the California department of water resources prior to alteration or relocation;

b.

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

c.

Assure that the flood-carrying capacity within the altered or relocated portion of said watercourse is maintained.

Base flood elevation changes due to physical alterations:

a.

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 LOMR.

b.

All LOMRs for flood control projects are approved prior to the issuance of building permits. 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.

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.

E.

Documentation of floodplain development. Obtain and maintain for public inspection and make available as needed the following:

Certification required by Section 17.08.620 A.7. and Section 17.08.620 A.13. (lowest floor elevations);

Certification required by Section 17.08.620 A.8. (elevation or floodproofing of nonresidential structures);

Certification required by Section 17.08.620 A.10. (wet floodproofing standard);

Certification of elevation required by Section 17.08.660 (subdivisions and other proposed development standards);

Certification required by Section 17.08.640 D. (floodway encroachments); and

Maintain a record of all variance actions, including justification for their issuance, and report such variances issued in its 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 areas of special flood hazard, 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 17.08.580.

G.

Remedial action. Take action to remedy violations of this chapter as specified in Section 17.08.520.

H.

Biennial report. Complete and submit biennial report to FEMA.

I.

Planning. Assure community's general plan is consistent with floodplain management objectives herein.

(Ord. 28512.)

A development permit shall be obtained before any construction or other development, including manufactured homes, within any area of special flood hazard established in Section 17.08.510. Application for a development permit shall be made on forms furnished by the city of San José. The applicant shall provide the following minimum information:

A.

Plans drawn to scale showing:

Location, dimensions, and elevation of the area in question, existing or proposed structures, storage of materials and equipment and their location;

Proposed locations of water supply, sanitary sewer, and other utilities;

Grading information showing existing and proposed contours, any proposed fill, and drainage facilities;

Location of the regulatory floodway when applicable;

Base flood elevation information as specified in Section 17.08.510 or Section 17.08.560.C.;

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

Proposed elevation in relation to mean sea level to which any nonresidential structure will be floodproofed, as required in Section 17.08.620A.8. 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 17.08.620A.8.

C.

For a crawlspace foundation, location and total net area of foundation openings as required in Section 17.08.620A.11. 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 17.08.560.E. of this chapter.

(Ord. 28512.)

The director of public works 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 chapter. Appeals shall be filed by the applicant through a written notice of appeal with the director of public works within ten calendar days of the determination which is the cause for the appeal. The applicant's notice of appeal shall contain all grounds for the appeal and shall include a statement of the specific facts and all documentation regarding the appeal. Unless the applicant agrees to an extension of time, the director of public works shall act on the appeal within forty days after the appeal is filed. Before the director of public works may take action on the appeal, the director of public works may meet with the applicant regarding the appeal. The director of public works' determination on the appeal shall be in writing and shall be filed with the floodplain administrator in the floodplain administrator's office. At the time the director of public works files the determination on the appeal, the director of public works shall mail notice thereof to the applicant, and to all other persons who have requested in writing such notice for the particular appeal. The determination of the director of public works shall be the final determination of the city with regard to the appeal.

(Ord. 28512.)