Ventura Municipal Code Ch. 12.410 General Provisions

A. The purpose of this division is to promote public health, safety and welfare, and to minimize public and private losses due to flood conditions in areas particularly vulnerable to floods by:

1. Restricting or prohibiting uses of property within areas vulnerable to floods that are dangerous to health, safety and property due to water, erosion, or flood heights and velocities;

2. Requiring uses vulnerable to floods, including facilities that serve such uses, to be protected against flood damage at the time of construction;

3. Controlling the alteration of stream channels, natural floodplains, and natural protective barriers that help accommodate or channel floodwaters;

4. Controlling filling, grading, dredging, and other development activities that may increase flood damage; and

5. Preventing or regulating the construction of flood barriers that are likely to unnaturally divert floodwaters or that may increase flood hazards in other areas.

B. This division is further intended to implement the National Flood Insurance Program (NFIP) set forth in federal law (Title 44, Code of Federal Regulations (44 CFR)) and should be interpreted with reference thereto. (Ord. No. 2021-001, § 1, 1-11-21)

This division applies to construction and other development on all property within the incorporated territory of the city that is located within a flood hazard area identified in the most current copies of the flood insurance rate maps and flood boundary and floodway maps for the city of San Buenaventura, California, as promulgated by the Federal Insurance Administration through the Federal Emergency Management Agency as part of the National Flood Insurance Program. (Ord. No. 2021-001, § 1, 1-11-21)

The flood hazard areas identified in the flood insurance rate maps and flood boundary and floodway maps for the city of San Buenaventura are based on a scientific and engineering report prepared by the Federal Insurance Administration, entitled “Flood Insurance Study, City of San Buenaventura, California, Ventura County.” The flood insurance study (FIS) report and accompanying flood insurance rate maps and flood boundary and floodway maps (FBFMs), together with any amendments thereto now or hereafter promulgated by Federal Insurance Administration, are hereby adopted by reference and incorporated herein. Copies of the report and maps are on file and available for public inspection on the Federal Emergency Management Agency (FEMA) Map Service Center as well as in the office of the city’s floodplain administrator. Copies of the reports and maps are on file and available for public inspection in the office of the city’s floodplain administrator, on the city website, or on FEMA’s Map Service Center. (Ord. No. 2021-001, § 1, 1-11-21)

A. In the interpretation and application of this division, the provisions shall be considered as minimum requirements, be liberally construed in favor of the city and be deemed neither to limit nor repeal any other powers granted to the city by state or federal laws and regulations.

B. This division is not intended to repeal, abrogate, or impair any existing deed, easement or covenant. Whenever a regulation adopted by or pursuant to this division conflict or overlap the restrictions or other provisions of a deed, easement or covenant, whichever imposed the more stringent restrictions shall prevail. (Ord. No. 2021-001, § 1, 1-11-21)

The city manager shall designate in writing the floodplain administrator who shall have the authority and be responsible to administer and implement all of the floodplain regulations adopted by this division. (Ord. No. 2021-001, § 1, 1-11-21)

The duties and responsibilities of the floodplain administrator shall include, but not be limited to, the following:

A. The floodplain administrator shall be responsible for issuing flood area development permits and variances authorized by this division when the floodplain administrator finds that applications for such permits or variances are in conformance with the requirements of this division.

B. For all new or substantially improved structures, the floodplain administrator shall obtain and record the actual elevation (in relation to mean sea level) of the lowest floor (including basement) of the new or substantially improved structures and the elevation of the lowest structural member along the coastal zone. The floodplain administrator shall maintain all elevation certificates on FEMA approved forms.

C. For all new or substantially improved floodproofed structures, the floodplain administrator shall verify and record the actual elevations to which the structures have been floodproofed (in relation to mean sea level), and maintain the floodproofing certification.

D. Where a flood area development permit has been issued for new construction or other development, the floodplain administrator shall also ensure that all other necessary permits for such construction or other development have been issued by those governmental agencies whose approval is required by federal or state law. (Ord. No. 2021-001, § 1, 1-11-21)

The floodplain administrator shall also be responsible for taking the following actions upon determining that a watercourse within the city has been altered or relocated in a manner that affects its capacity:

A. Submit information to the Federal Emergency Management Agency detailing the alteration or relocation of a watercourse that affects its capacity.

1. Upon project completion, 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 conditional letters of map revision (CLOMR) requirements for flood control projects are approved prior to the issuance of building permits and/or grading permit. An approved CLOMR allows construction of the proposed flood control project and land preparation as specified in the “start of construction” definition. There will be no occupancy of the structure until the LOMR is approved by FEMA.

B. Notify adjacent communities and the California Department of Water Resources of any actual or proposed alteration or relocation of a watercourse and submit notice of such notification to the Federal Emergency Management Agency.

C. Take such actions as may be within the powers of the floodplain administrator to ensure that the flood carrying capacity of the altered or relocated watercourse is not reduced. (Ord. No. 2021-001, § 1, 1-11-21)

Any person aggrieved by a determination or decision of the floodplain administrator made pursuant to this division, including, but not limited to, any decision to deny a permit or variance required or authorized by this division, may be made to the public works director. The appeal shall be filed within 10 calendar days after the final action, determination, or decision by the floodplain administrator. The appeal shall be on forms as provided by the public works director and shall specifically set forth the grounds for appeal and reason or basis for disagreement with the decision of the floodplain administrator. The public works director shall have the authority to hear such appeals and grant exceptions to particular requirements of this division, or approve alternative methods for permit conditions, where the public works director finds such exceptions or alternates provide equivalent levels of protection to public health and safety; provided, that the public works director may not waive the basic requirement of Chapter 12.430.

Specifically, the public works director shall determine one of the following:

A. The floodplain administrator’s decision was a reasonable interpretation of this division and that determination shall stand; or

B. Based on findings supported by substantial evidence:

1. An exception to a particular permit condition or requirement of this division can be carried out with adequate protection of the public health and safety and is, therefore, warranted; or

2. There are alternate floodplain design methods that will provide equivalent levels of protection of the public health and safety. Such alternates shall be specifically delineated in upholding the appeal.

The decision of the public works director shall be final and there shall be no further appeal to the city council or any city advisory body.

All applications for an appeal authorized by this chapter shall be accompanied by an application fee in an amount established by resolution of the city council. Such fee shall be based on the estimated cost of reviewing all documentation provided in the application for appeal along with consultations from city staff and city consultants. The fee shall be paid at the time of application, and as a prerequisite, for filing the appeal. (Ord. No. 2021-001, § 1, 1-11-21)

It shall be unlawful for any person to construct, locate, extend or alter any structure or land located within a mapped special flood hazard area of the city without a permit required by this division, and without full compliance with the floodplain standards adopted by or pursuant to this division, or the terms and conditions of any variance issued in the manner authorized by this division. (Ord. No. 2021-001, § 1, 1-11-21)

The floodplain administrator is authorized to abate any public nuisance caused by the unlawful construction, location, extension or alteration of any structure or land in violation of the floodplain standards adopted by or pursuant to this division and/or without a permit required by this division, all in the manner provided for in Chapter 8.10. (Ord. No. 2021-001, § 1, 1-11-21)

The degree of flood protection required by or pursuant to this division is considered reasonable for regulatory purposes and is based upon engineering and scientific considerations. Larger floods can and will occur. Flood heights may be increased by human-made and natural causes. This division does not imply that the land outside of the mapped flood hazard areas or uses permitted within such areas will be free from flooding or flood damages. (Ord. No. 2021-001, § 1, 1-11-21)