Ventura Municipal Code Ch. 12.440 Flood Area Development Permits

A flood area development permit shall be obtained before construction or development begins within any area identified on the floodplain insurance rate map as being within a special flood hazard area and within a locally known area that has known flooding. Such permit shall be in addition to any other permits required by this code. (Ord. No. 2021-001, § 1, 1-11-21)

Applications for a flood area development permit shall be on forms furnished by the floodplain administrator, shall be made at the same time and reviewed in conjunction with other permits required by this division, and shall include all of the following information:

A. Plans, in duplicate, drawn to scale, showing:

1. The nature, location, dimensions, and elevation of the area in question and all areas within 300 feet surrounding the area in question;

2. Existing or proposed structures, fill areas, material storage areas, drainage facilities, and the location of the foregoing;

3. For all proposed structures, spot ground elevations at building corners and at 20-foot or smaller intervals along the foundation footprint or one-foot contour elevations throughout the building site;

4. The proposed locations of water supply, facilities, sanitary sewer facilities, and utilities;

5. If available, the base flood elevation from the flood insurance study and/or flood insurance rate map; and

6. If applicable, the location of any regulated floodway;

B. A foundation design detail that includes, but is not limited to:

1. The proposed elevation, in relation to mean sea level of the lowest floor including basement, of all structures;

2. For a crawl space foundation, the location and total area of the foundation flood vent openings as required by Chapter 12.430 and applicable FEMA Technical Bulletins; and

3. For foundations placed on fill, the location and height of all fill, as well as all compaction requirements (i.e., compacted to 95 percent using the Standard Protector Test method);

C. The proposed elevation, in relation to mean sea level, to which any nonresidential structure will be floodproofed as required by Chapter 12.430 and applicable FEMA Technical Bulletins;

D. Engineering data, meeting the following requirements, to demonstrate, to the satisfaction of the floodplain administrator, that the flood carrying capacity of the altered or relocated portion of the watercourse will be maintained:

1. The site is reasonably safe from flooding as required by the provisions of this chapter; and

2. The proposed development will 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 chapter, “adversely affect” 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-tenth of one foot at any point;

E. A description of the extent to which any watercourse will be altered or relocated as a result of the proposed development; and

F. All certifications by a registered professional engineer or architect required by Chapter 12.430. (Ord. No. 2021-001, § 1, 1-11-21)

All applications for a flood area development permit required 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 issuing a permit required by this chapter and otherwise administering the regulations adopted by this division. (Ord. No. 2021-001, § 1, 1-11-21)

The floodplain administrator shall provide interpretation, where needed, as to the exact location of the boundaries of flood hazard zones and regulatory floodways (for example, where there appears to be a conflict between a mapped boundary and actual field conditions). (Ord. No. 2021-001, § 1, 1-11-21)

All development proposals must include data establishing the 100-year base flood elevation before consideration of any preliminary plan for development. When base flood elevation data is not available from the floodplain administrator, the applicant’s engineer shall obtain, review, and reasonably utilize the best base flood data available from any source such as highwater mark(s), floods of record, or private engineering reports in order to provide an estimated base flood elevation. (Ord. No. 2021-001, § 1, 1-11-21)

Upon the filing of a completed application for a flood area development permit, the floodplain administrator shall review the application together with all accompanying plans, specifications and certification and shall issue the permit if the floodplain administrator finds that:

A. The plans, specification and certification for the proposed development comply with all of the floodplain standards adopted by this division;

B. The proposed development will not adversely affect the flood carrying capacity of the special flood hazard area. As used herein, “adversely affected” 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-tenth of one foot at any point; and

C. All proposed building sites will be reasonably safe from flooding, and if a proposed building site is in a flood-prone area, all new construction and substantial improvements (including the placement of prefabricated buildings and manufactured homes):

1. Will be designed (or modified) and adequately anchored to prevent flotation, collapse, or lateral movement of the structure;

2. Will be constructed with materials and utility equipment resistant to flood damage; and

3. Will be constructed with methods and practices that minimize flood damage; and

D. The flood discharge exiting the development after construction is less than or equal to the flood discharge at the location prior to development where downstream impacts are probable. (Ord. No. 2021-001, § 1, 1-11-21)

The floodplain administrator shall not issue a certificate of occupancy for new construction or other development within a special flood hazard area until a registered civil engineer has certified the construction of the development complies in all respects with the floodplain development standards adopted by or pursuant to Chapter 12.430. (Ord. No. 2021-001, § 1, 1-11-21)

A person issued a flood area development permit shall begin work authorized by the permit within 180 calendar days from the date of issuance of the permit. Any permit that expires by reason of noncommencement of work within 180 days may be renewed one time for a 180-day period within 30 days after such permit expired upon payment of a renewal fee. In the event a permit expires and is not renewed within the time allowed for renewal, the floodplain administrator shall return to the former permittee any part of their permit fee that relates to inspection of the work during construction, as well as any surety bond, cash bond, or instrument of credit the former permittee may have paid to or filed with the enforcing officer pursuant to the terms of this division. (Ord. No. 2021-001, § 1, 1-11-21)