Chapter 24.530

FLOOD PLAIN OVERLAY ZONE DEVELOPMENT PERMIT PROCEDURE

Sections:

• 24.530.010 Chapter Description.

• 24.530.020 Coastal Permits Also Required.

• 24.530.030 Applicability of Flood Plain Overlay Zone Permits.

• 24.530.040 Initiation.

The San Buenaventura Coastal Zoning Code is current through Ordinance 2024-005, passed June 4, 2024.

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• 24.530.050 Notice and Hearing.

• 24.530.060 Application Requirement.

• 24.530.070 Required Findings.

• 24.530.080 Conditions of Approval.

• 24.530.090 Action by Decision-Making Authority.

• 24.530.100 Appeals.

• 24.530.110 Written Acknowledgement Required.

• 24.530.120 Expiration.

• 24.530.130 Failure to Comply With Conditions.

• 24.530.140 Permit Amendment.

Chapter 24.530 establishes the Flood Plain Overlay Zone development permit procedure. This chapter is intended to regulate development within areas of flood hazard in order to protect public health and safety, to protect property, and to preserve the natural environmental characteristics of the areas to which these provisions apply. This chapter is further intended to implement the National Flood Insurance Program set forth in federal law (Title 44, Code of Federal Regulations, Sections 59 et seq.) and should be interpreted with reference thereto. The provisions of this chapter shall apply and be deemed enacted and effective as of September 22, 1986. (Code 1971, § 15.830.010)

Applications for all Flood Plain Overlay Zone development permits within the Coastal Zone shall be subject to the provisions of chapter 24.515, in addition to requiring compliance with the provisions of this chapter. (Code 1971, § 15.830.020)

Flood Plain Overlay Zone development permits are required for development or redevelopment within any area identified on the Official Flood Plain Overlay Zone Map as being within the Flood Plain Overlay Zone. Any such area may be designated by the notation “FP” on the official zoning district map. (Code 1971, § 15.830.030)

A request for a Flood Plain Overlay Zone development permit may be initiated by the planning commission or city council or by application pursuant to section 24.500.030. (Code 1971, § 15.830.040)

The San Buenaventura Coastal Zoning Code is current through Ordinance 2024-005, passed June 4, 2024.

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All applications for a Flood Plain Overlay Zone development permit and all proposals to revoke or reevaluate any such Flood Plain Overlay Zone development permit, shall be acted upon by the decision-making authority following a public hearing scheduled and noticed as required by chapter 24.560. In addition, notice shall first be provided to adjacent communities, the Ventura County Flood Control District, the state coordinating agency, and the Federal Emergency Management Agency at least two weeks prior to the public hearing. (Code 1971, § 15.830.050)

A Flood Plain Overlay Zone development permit shall be obtained before construction activity or any other development is initiated on a site within the FP Overlay Zone. Application for a Flood Plain Overlay Zone development permit shall be carried out as follows:

1. Plans. Application for a Flood Plain Overlay Zone development permit shall be on forms furnished by the planning division, and shall include all of the information specified by city council Resolution No. 86-128, as it may be amended from time to time.

2. Other Permits. Applications for a Flood Plain Overlay Zone development permit shall be made at the same time as, and reviewed in conjunction with, other applications for other discretionary land use permits or other approvals required for the project. (Code 1971, § 15.830.060)

Before the decision-making authority may grant a Flood Plain Overlay Zone development permit, it must make all of the following findings:

1. Public notice has been given of the proposed development as required by law;

2. There are no practicable alternatives or sites for the proposed project outside of the flood plain;

3. No significant impacts on the flood plain will result from the proposed project;

4. There is no significant possibility that, as a result of the proposed project, materials may be swept onto other lands to the injury of others, or clog bridges crossing rivers;

5. There is no significant danger to life and property due to flooding or erosion damage as a result of the proposed project;

6. The importance of the services provided by the proposed project or use to the community offsets any potential risk;

The San Buenaventura Coastal Zoning Code is current through Ordinance 2024-005, passed June 4, 2024.

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7. Access to the property in times of flood will be safe for ordinary and emergency vehicles;

8. The expected heights, velocity, duration, rate of rise, and sediment transport of the flood waters, and, if applicable, the effects of wave action expected at the site are acceptable; and

9. 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 systems, and streets and bridges are acceptable. (Code 1971, § 15.830.070)

The decision-making authority, in approving an application for a Flood Plain Overlay Zone development permit, may impose such conditions that it deems necessary or desirable to insure that the project or use authorized by such Flood Plain Overlay Zone development permit will be established, operated, and maintained in accordance with the findings required by section 24.530.070 and all other requirements of this zoning ordinance, this Code, and other provisions of law. The decision-making authority may further require reasonable guarantees and evidence that such conditions are being, or will be, complied with.

Such conditions imposed by the decision-making authority may involve any factors affecting the establishment, operation or maintenance of the proposed project or use. (Code 1971, § 15.830.080)

A. Granting a Flood Plain Overlay Zone Permit. The decision-making authority may grant a Flood Plain Overlay Zone development permit and impose such conditions pursuant to section 24.530.080 in connection with the approval of the Flood Plain Overlay Zone development permit as it deems necessary or desirable.

B. Continuances. The decision-making authority may continue consideration of an application for a Flood Plain Overlay Zone development permit for a period specified by the decision-making authority.

C. Denial of a Flood Plain Overlay Zone Permit. The decision-making authority may deny an application for a Flood Plain Overlay Zone development permit upon finding that the proposed Flood Plain Overlay Zone development permit, or any component thereof, does not, or may not, comply with the requirements of this chapter, or that any of the findings required by section 24.530.070 cannot be made, or that the proposed Flood Plain Overlay Zone development permit is otherwise inconsistent with the purposes of this zoning ordinance as set forth in section 24.105.030.

D. Referral for Changes. If the planning commission or city council determines that it would approve an application for a Flood Plain Overlay Zone development permit but for slight changes in the proposed project, it may refer the application back to the director for resolving such changes with the applicant before it again reviews and considers the Flood Plain Overlay Zone development permit application.

The San Buenaventura Coastal Zoning Code is current through Ordinance 2024-005, passed June 4, 2024.

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E. Effect of Denial. A Flood Plain Overlay Zone development permit application that is denied may not be refiled within one year after the date of denial if the refiled application is the same or substantially the same unless there has been an intervening change in the circumstances surrounding the proposed project or the laws or regulations applicable to the proposed project. All Flood Plain Overlay Zone development permit applications that are refiled after being denied shall be accompanied by the prescribed filing fee. (Code 1971, § 15.830.090)

A decision by the planning commission regarding a Flood Plain Overlay Zone development permit may be appealed to the city council as provided by chapter 24.565. (Code 1971, § 15.830.100)

Within the time period specified in the conditions of approval of the Flood Plain Overlay Zone development permit, the applicant shall file with the director a written acknowledgment of the terms and conditions of the Flood Plain Overlay Zone development permit. (Code 1971, § 15.830.110)

A Flood Plain Overlay Zone development permit shall expire by operation of law without any further action by the decision-making authority if the project or use authorized by such Flood Plan Overlay Zone development permit is not commenced or construction necessary and incident thereto is not begun, or diligently pursued, on or before the time limit specified in the conditions of approval of such Flood Plain Overlay Zone development permit and thereafter diligently advanced, or if no time is specified, on or before one year after the date such Flood Plain Overlay Zone development permit was approved. The director may, pursuant to chapter 24.505, grant no more than one (1) administrative extension of such time limit if the approved plans have not changed and if there has been no substantial change in the circumstances of the surrounding vicinity. Additionally, the planning commission may extend such time limit, for a good cause, before its expiration, pursuant to section 24.530.140. (Code 1971, § 15.830.120)

Failure to comply with any terms or conditions of an approved Flood Plain Overlay Zone development permit is a violation of the zoning ordinance subject to the Enforcement Provisions prescribed by chapter 24.580 and any and all other penalties and remedies that may be provided by law. A Flood Plain Overlay Zone development permit may be revoked or the conditions of its approval may be reevaluated, as provided by chapter 24.570. (Code 1971, § 15.830.130)

The San Buenaventura Coastal Zoning Code is current through Ordinance 2024-005, passed June 4, 2024.

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An amendment to a Flood Plain Overlay Zone development permit shall be required as provided by chapter 24.570 to:

1. Expand the scope of a project authorized by a Flood Plain Overlay Zone development permit; or

2. Change the terms or conditions of the Flood Plain Overlay Zone development permit. (Code 1971, § 15.830.140)