Temecula Municipal Code Art. IV Administration

A development permit shall be obtained before any construction or other development begins within any area of special flood hazard, areas of flood-related erosion hazard or areas of mudslide (i.e., mudflow) established in Section 15.12.070 "Basis for establishing the areas 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. In Zone A, 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 Section 15.12.140 "Duties and responsibilities of the floodplain administrator" of this chapter; and

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

(Ord. 91-12 § 4.1; Ord. 13-05 § 4)

The director of public works/city engineer is hereby appointed to administer, implement and enforce this chapter by granting or denying development permits in accordance with its provisions.

(Ord. 91-12 § 4.2; Ord. 13-05 § 4)

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. Confirm that all other required state and federal permits have been obtained;

3. Review to ensure that the site is reasonably safe from flooding;

4. Review that 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 purpose of this chapter, "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 more than one foot at any point;

5. Review of all development permits to determine that all conditional letters of map revision (CLOMR) for flood control projects are approved prior to allowing land preparation—earthwork activity/grading operation—and as specified in the "Start of construction" definition; and

6. Review of all development permits to determine that all letters of map revision (LOMR) for flood control projects are approved prior to issuance of building permits.

B. Substantial Improvements and Substantial Damage Procedures.

1. Use FEMA publication FEMA 213 "Answer to Questions about Substantial Damaged Buildings" and reference the procedures for identifying and administering requirements for substantial improvement and substantial damage to include defining "market value."

2. Require that procedures are coordinated with other departments/divisions and implemented by staff.

C. Use of Other Flood Data. When base flood elevation data has not been provided in accordance with Section 15.12.070 "Basis for establishing the areas of special flood hazard," 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 Article V "Provisions for Flood Hazard Reduction" of this chapter. Any such information shall be submitted to the city council for adoption.

D. Notification of Other Agencies.

1. Alteration or Relocation of a Watercourse.

a. Notify adjacent communities and the California Department of Water Resources prior to such alterations and relocations;

b. Submit evidence of such notification to the Federal Emergency Management Agency (FEMA); and

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

2. Base Flood Elevation (BFE) Changes Due to Physical Alteration.

a. Within six months of information being available or project completion, whichever comes first, the floodplain administrator shall submit or require that the permit applicant submits technical or scientific data to FEMA for a letter of map revision (LOMR).

b. All LOMRs for flood control projects are approved prior to 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 projects and land preparation—earthwork activity/grading operation—and as specified in the "start of construction" definition.

3. 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. Obtain and Maintain for Public Inspection and Make Available (As Needed).

1. Certification required by Section 15.12.150(C)(1) "Elevation and floodproofing" and Section 15.12.180. "Standards for manufactured homes" (i.e., lowest floor elevations);

2. Certification required by Section 15.12.150(C)(2) "Elevation and floodproofing" (i.e., elevation or floodproofing of nonresidential structures);

3. Certification required by Section 15.12.150(C)(3) "Elevation and floodproofing" (i.e., elevation or floodproofing of nonresidential structures);

4. Certification of elevation required by Section 15.12.170(A) "Standards for subdivisions" (i.e., subdivisions and other proposed development standards); and

5. Certification required by Section 15.12.200(B) "Floodways" (i.e., floodway encroachments).

F. Map Determination. Make interpretations, where needed, as to the exact location of the boundaries of the areas of special flood hazards, 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 VI "Variance Procedure" of this chapter.

G. Take action to remedy violations of this chapter, as specified in Section 15.12.080 "Compliance."

(Ord. 91-12 § 4.3; Ord. 13-05 § 4)